Srinagar- Central Administrative Tribunal (CAT) on Wednesday quashed appointment of a lecturer in Government Medical College here, observing that the appointment made in contravention of statutory provisions or advertisement notice was invalid from the beginning.
A bench of D.S.Mahra –Member (Judicial)—and Prasant Kumar (Member (Administrative)—made the observations while allowing an application filed by one Dr. Mehnaz Habib of Barazulla Srinagar, challenging appointment of Dr R Jan as Lecturer Anesthesiology in Government Medical College Srinagar by the government on 1 June 2021 following the recommendations by the JKPSC.
Dr. Mehnaz Habib had challenged the recommendation by JKPSC as well as subsequent appointment, contending that Dr R Jan does not have the necessary teaching experience as required in terms of the advertisement notice and Rules applicable as she obtained the same from the Hospital not recognized by the Medical Council of India (Now National Medical Commission) MCI/NMC).
“….The private respondent (Dr R Jan) has submitted a certificate dated 20.09.2017 in the first instance in which it is certified by ……hospital that the private respondent has worked as Critical Care Trainee in the department of Anesthesia from 01.07.2016 to 01.07.2017,” the Cat said, adding, “The said experience being irrelevant was rejected by the PSC and the private respondent has thereafter submitted another certificate from the same Hospital stating that she has worked as Senior Resident for the same period in the same hospital.
The second certificate issued only seven days after the first one has been surprisingly accepted by PSC despite “glaring” contradictions with the first certificate, the CAT said.
“The doubt casts a serious shadow on the eligibility of private respondent (Dr R Jan) even if the issue of nonrecognition of the college is kept aside for a moment,” the Bench said, adding, “These facts coupled with the position that even the private respondent (Dr R Jan) did not choose to rebut these allegations before us, we are constrained to hold that the private respondent was ineligible in terms of the advertisement notice and thus not entitled to be selected and appointed. Had her candidature been rejected at the right point of time by the PSC, the Bench said, the petitioner would have been selected and appointed being next in merit without having to face a “long drawn legal battle of about two years.”
Consequently, the Bench declared as “void ab-initio (invalid from the beginning)” the appointment of Dr R Jan as Lecturer, Anesthesiology in Government Medical College, Srinagar vide notification no 32-PSC (DR-S) of 2021 dated 20 May 2021 and her appointment by Government on 1 June 2021.
“The respondents (authorities) are directed to appoint the petitioner (Dr. Mehnaz) as Lecturer Anesthesiology in Government Medical College, Srinagar against the said post being next in the order of merit with all consequential benefits notionally,” the CAT said and ordered the completion of the entire process within two months.
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