CAT directs to appoint Dr Rajive Gupta as Lecturer Surgery at GMC Jammu with effect from 2009

STATE TIMES NEWS

JAMMU: A Bench of Central Administrative Tribunal (CAT) Jammu comprising Rajinder Singh Dogra Member (J) and Raj Mohan Johri Member (A), in a significant ruling, has directed the creation of a supernumerary post for Dr. Rajive Gupta, who challenged the selection process for the position of Lecturer in Surgery at Government Medical College, Jammu in 2009.
Dr. Gupta, represented by Senior Advocate Gagan Basotra and Navdeep Kour, had applied for the post of Lecturer in Surgery in 2009 and contested the selection process, claiming that Dr. Rahul Gupta was appointed despite allegedly lacking the necessary experience and qualifications.
Dr. Gupta argued that the selection process was flawed, combining two distinct recruitment services and granting undue marks to Dr. Rahul Gupta, who had less experience compared to other candidates.
Dr. Gupta argued that the selection procedure was flawed, claiming that it combined the recruitment process for two distinct services and awarded undue marks to Dr. Rahul Gupta, who had less experience and fewer qualifications compared to other candidates.
The Tribunal, while acknowledging the merits of Dr. Gupta’s claims, refrained from directly overturning Dr. Rahul Gupta’s appointment due to his 15 years of service in the position. The Tribunal noted that Dr. Rahul Gupta, now over 50 years old, had likely passed the age limit for other government employment, making it unfair to disturb his current position.
To balance the equities, the Tribunal ordered the Jammu and Kashmir Public Service Commission (JKPSC) to create a supernumerary post for Dr. Rajive Gupta, appointing him as Lecturer in Surgery in a notional capacity. The Tribunal also directed that Dr. Gupta be granted all notional benefits from the date of Dr. Rahul Gupta’s appointment, without affecting the latter’s seniority.
The Tribunal set a two-month deadline for the completion of this process, ensuring that the matter would be resolved promptly. The Tribunal also emphasized that while the applicant’s qualifications and experience were substantial, his age now prevents him from applying for other government jobs.
This decision brings closure to a protracted legal battle, offering a resolution that aims to balance fairness with the practicality of the situation.