STATE TIMES NEWS
JAMMU: Central Administrative Tribunal Judicial Member Suresh Kumar Batra after hearing senior Adv Abhinav Sharma with Adv Supriya, stayed the operation of impugned Government order No. 771-JK (HME) of 2022 dated 31.10.2022 to the extent of adjustment/posting of Dr Narinder Singh Bhutyal as Medical Superintendent GMC, Jammu.
In the petition filed by Dr Rakesh Kumar Sharma seeking quashment of Govt. order No. 771-JK (HME) of 2022 dated 31.10.2022 by issuance of quo-warranto, whereby and where under respondent, who is substantively holding the post of Medical Officer and being a member of Jammu and Kashmir Medical (Gazetted) Service constituted under J&K Medical (Gazetted) Service Recruitment Rules, 1970 has been posted as Medical Superintendent in Govt. Medical College, Jammu in sheer violation of J&K Medical Education (Gazetted) Service Recruitment Rules, 1979, in as much as respondent no. 3 neither is eligible to hold the post of Medical Superintendent, Govt. Medical College, Jammu nor could have been transferred from the post of Medical Officer to the post of Medical Superintendent and directed the official respondents to appoint/post only an eligible person to man the post of Medical Superintendent in Govt. Medical College, Jammu, who fulfils all the requirements of J&K Medical Education (Gazetted) Service Recruitment Rules, 1979 and since the applicant is the only eligible candidate to be promoted/posted as Medical Superintendent in Govt. Medical College, Jammu under the aforesaid Recruitment Rules, 1979, as such by issuance of a direction to respondent, who is required to be directed to consider and post the applicant as Medical Superintendent in Govt. Medical College, Jammu.
CAT after hearing senior Adv Abhinav Sharma for the petitioner whereas AAG Sudesh Magotra for UT, observed that it is to be noted that the dispute pertaining to the appointment to the post of Medical Superintendent in GMC, Jammu was earlier also went for adjudication before the High Court of Jammu & Kashmir. CAT further observed that Sr. Counsel has assailed the order dated 31.10.2022 of Health and Medical Education Department, Government of Jammu & Kashmir, whereby temporary arrangement to the post of Medical Superintendent, GMC, Jammu has been assigned to Respondent. The said post of Medical Superintendent, GMC Jammu was fallen vacant due to superannuation of the then Medical Superintendent Dr A D S Manhas on 31.10.2022. He has argued that the post of Medical Superintendent under the said Rules of 1979 can only be filled up by promotion from Deputy Medical Superintendent only having 5 years experience as Deputy Medical Superintendent, whereas the Respondent is substantively holding the post of Medical Officer and was never selected and appointed as Deputy Medical Superintendent as required under 1979 Rules. It has been further argued that a Deputy Medical Superintendent, who is appointed in accordance with recruitment Rules, 1979 as Deputy Medical Superintendent having Post Graduation qualification in Surgery/Gynaecology or Medicine and other Clinical Subjects or Hospital Administration can either be directly recruited through Public Service Commission as Medical Superintendent or by deputation from Chief Medical Officers Cadre of J&K Medical (Gazetted) Service.
CAT observed that on the basis of facts of the case, Tribunal has to see whether the impugned order dated 31.10.2022 qualify the parameters prescribed under Rules 1979 as well as in consonance with the judgement dated 06.06.2005 (supra) passed by High Court. After considering the arguments advanced by both the parties and material on record, this Tribunal is of the view that the temporary arrangement made vide order dated 31.10.2022, whereby charge of post of Medical Superintendent, GMC Jammu has been assigned to Respondent Dr. Narinder Kumar Bhutiyal is not in accordance with the Rules of 1979 as well as not in consonance with the ratio of judgement dated 06.06.2005 passed by High Court of Jammu & Kashmir, as Respondent is not having the post graduation qualification in Surgery/Gynaecology/or medicine and other clinical subjects/Hospital Administration as stipulated in Schedule-III of the said Rules. As discussed herein above the appointment to the post of Medical Superintendent, GMC Jammu in UT of Jammu & Kashmir and erstwhile State of Jammu & Kashmir is governed by J&K Medical Education (Gazetted) Service Recruitment Rules, 1979. The source of appointment into service prescribed at Rule 5 is (a) by Direct Recruitment or (b) by promotion by selection in the manner as indicated against each post in Schedule-III. The Rule 7 of the said rules provides eligibility criteria for recruitment/promotion to post in the Medical Education Service. The relevant sub-rule 1 of Rule 7 of said rules reads as under:-aperson shall not be eligible for recruitment/promotion to a post in the service unless he possesses the qualifications and fulfils the requirements of recruitment prescribed for that post in Schedule II.” The Schedule-III of the said rules provides for manner of recruitment for the post of Medical Superintendent. Therefore any arrangement contrary to the Rules of 1979 cannot be allowed to be continued.
The Deputy Medical Superintendent having five years experience in running hospital after post graduation is only eligible to be promoted as Medical Superintendent, whereas Respondent is merely holding the post of Medical Officer without having any experience of hospital administration. CAT further observed that the Respondent, who was appointed as Assistant Surgeon on 12.08.1997, is having the qualification of MBBS and PG Diploma in Sports Medicine and in view of above facts and circumstances of the case and judgements passed by Courts, prima facie a case for grant of interim relief is made out, stayed the operation of impugned Govt. Order No. 771-JK (HME) of 2022 dated 31.10.2022 to the extent of adjustment/posting of Respondent as Medical Superintendent GMC, Jammu till the next date of listing.
