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| Dr Samia’s appointment as Principal GMC Srinagar quashed | | | Early Times Report
Jammu, Feb 28: A Division Bench of State High Court Comprising Justice Ali Mohammad Magrey and Justice Sanjeev Kumar today while allowing the appeal of Dr. Javed Choudhary quashed the cabinet order whereby Dr. Samia Rashid appointed as Principal GMC Srinagar.
While allowing the petition, DB observed that "we are constrained to intervene in the matter and therefore hold the Cabinet Decision and consequential Government order, impugned in the writ petition, bad in the eye of law and not sustainable. Accordingly the respondents were directed to place the whole material, consisting of minutes of the decision of the Establishment-cum-Selection Committee before the Cabinet/State Administrative Council (SAC), as the case may be, for its reconsideration.
The facts in the LPA that the appellant in the writ petition are that in the year 2013 the respondents initiated the process to fill up the post of the Principal, Government Medical College (GMC), Srinagar, on regular basis. As per the Note prepared by the Department of Health and Medical Education (H&ME), for placement before the Establishment-cum-Selection Committee, the appellant was figuring at serial no.2, amongst the eligible candidates. It is stated that the respondents ignored the claim of the appellant and decided to re-employ Dr Rafiq Ahmad Pampori, after his retirement on 28th February 2014, for a period of one year. Dr. Rafiq Ahmad Pampori, however, tendered resignation before the date of expiration of his extension and in his place Dr. Qaiser Ahmad Koul, who was figuring at serial no.3 of the Eligibility List, was picked up and made incharge Principal, vide Government Order no.814-HME of 2015 dated 19th December 2015.
Later, respondents in violation of norms appointed several other candidates to the post ignoring the prtitioner.
Division Bench observed that India - a constitutional democracy - is governed by rule of law. The monarchy, which used to rule the roost in the pre-constitutional era, has since vanished. Every authority, howsoever high it may be, is bound by the Constitutional law. No authority is envisaged under the Constitution, which possesses the powers, the exercise whereof is not questionable in the court of law.
"To reiterate, it may be stated that we are not for a minute holding or suggesting that the Cabinet could not have taken a decision independent of the recommendations of the Establishment-cum-Selection Committee, but, in doing so, it was constitutionally obliged to record its reasons for dissent with the recommendations of the Committee and for taking a decision independently on the basis of record placed before it" the court ruled. |
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