For violation of the Court orders, the High Court on Tuesday issued contempt proceedings against Commissioner Secretary Health and Medical Education (H&ME) department for not removing the incumbent Principal Government Medical College, Srinagar, Dr Saima Rashid from the post.
The division bench of Justice Ali Mohammad Magrey and Justice Tashi Rabstan observed to the counsel representing H&ME department that the judgment has been violated as no interim arrangement has been made till date.
The bench directed the Commissioner Secretary H&ME department to submit an affidavit within one week indicating therein as to how and in what manner the judgment has been implemented or appear personally before the court.
Earlier, Court had quashed the government order for appointment of Principal Government Medical College, Srinagar, Dr Saima Rashid, with a direction to State government to place the whole material, consisting of minutes of the decision of the Establishment-cum-Selection Committee along with Annexure A&B, before the Cabinet/State Administrative Council (SAC) for its reconsideration.
“Till such decision is taken by the Cabinet/SAC, it shall be open to the government to make the incharge or temporary arrangement to run the day to day affairs of the office of the Principal, GMC, Srinagar,” Court had directed.
After failing to implement the directions of the Court, the petitioner, Dr Javed Chowdhary, who appeared in person, filed contempt proceedings against the authorities for violation of Court judgment.
He submitted that the government as per the judgment passed on February was obliged to make interim arrangement for the post in question within four weeks from the date of receipt of judgment and remove the incumbent as her appointment has been quashed by the court.
In 2013, the State government initiated a process to fill up the post of the Principal, Government Medical College (GMC), Srinagar, on a regular basis. In this regard a memorandum was prepared by the Health & Medical Education Department (H&ME) for submission to the government.
The Establishment-cum-Selection Committee, constituted by the government, after assessing the service records of all the Professors in the zone of consideration and on the basis of assessment of their service record, performance, comparative merit as reflected in their Annual Performance Reports and other eligibility graded them in the order and ultimately recommended the appointment of the appellant as Principal, GMC, Srinagar.
The appellant, however, alleged that the Cabinet, acting arbitrarily and in most perfunctory manner, picked up ineligible candidate, Dr Saima Rashid and approved her for the appointment as Principal, GMC, Srinagar.
Aggrieved of the decision, the appellant, claiming to be senior most Professor and a candidate recommended by the Establishment-cum-Selection Committee on evaluating the overall merit, assailed the Cabinet Decision no.50/04/2017 dated 28th April 2017 as well as Government Order no.252-HME of 2017 dated 8th May 2017, approached the Court to seek justice.