VIVEK SHARMA
JAMMU: Jammu and Kashmir Health & Medical Education (H&ME) Department has zeroed in on five names for the slots of Director Health Services and Director Family Welfare, MCH and Immunization, which are falling vacant due to retirement on superannuation of incumbent Dr Saleem Ur Rehman by this month end.
Sources said the H&ME Department is exercising utmost caution and currently examining minutely the candidature of the prospective incumbents to avoid any legal wrangling keeping in view the quashing of the appointment of Dr Narinder Singh Bhutyal as Medical Superintendent, Government Medical College Jammu by a Bench of Central Administrative Tribunal on March 19, 2023 on the plea of some aggrieved candidates.
The H&ME Department has prepared a comparative list of the candidates, which include their qualification, experience in field and administrative acumen based on their service records to finalise the selection for the two posts of Directors.
The list includes Dr Parveen Yograj, presently posted as Medical Superintendent Gandhi Nagar Hospital, Dr Ravinder Manhas, CMO Reasi, Dr Rajeev Sharma, Deputy Director, Health, Dr Poonam Mahajan, State Tuberculosis Officer and Dr Sanjay Turki, Assistant Director, Schemes.
Dr Parveen Yograj, MD Medicine, who has five months of experience as Chief Medical Officer (CMO) and Medical Superintendent, had declined to take up any administrative position or responsibility in writing in 2018 while Dr Ravinder Manhas is Diploma Holder, having three years and four months of experience as CMO and Medical Superintendent but has no vigilance clearance, Dr Rajeev Sharma MS ENT is having four years and three months of experience as CMO and Medical Superintendent, Dr Poonam Mahajan, a gold medalist and MD Gynaecology & Obstetrics, PG Diploma in Health Administration from NIHFW, (New Delhi), having 10 years and five months experience as CMO and Medical Superintendent, and Dr Sanjay Turki, who is MBBS and having two years of experience as CMO and Medical Superintendent.
Though the panel of five candidates has been formulated for the two posts but according to sources the charge of Director Family Welfare, MCH and Immunization will remain with the Director Health Services, as per the past practice. Therefore, according to sources, this will entail selection of Director Health Services only from the panel of five candidates. On March 19, 2023, a Bench of Central Administrative Tribunal has quashed the appointment of Dr Narinder Singh Bhutyal as Medical Superintendent, Government Medical College Jammu.
After hearing Senior Advocate Abhinav Sharma assisted by Advocate Abhimanyu Sharma for the petitioner Dr Rakesh Kumar Sharma whereas AAG for respondent, a bench of the Tribunal comprising Suresh Kumar Monga (Member J) and A K Dubey (Member A) observed, “the High Court has categorically directed that the State Government shall take steps for filling up the posts of Medical Superintendent existing in Government Medical College Hospital, Jammu and its associated teaching hospitals by following the procedure envisaged by Rule 7 of 1979 Rules”.
“In case there is no eligible person available in the cadre of Deputy Medical Superintendents for being promoted to the post of Medical Superintendent substantively, it may seek the recommendation of the J&K Public Service Commission for a person to be posted as Medical Superintendent who otherwise must be eligible under Rules and in the opinion of the Commission possesses exceptional merit as well as professional experience of high order in his specialty and after obtaining the views of Medical Council of India”, the CAT further observed. “The temporary arrangement made vide order dated 31.10.2022, whereby charge of post of Medical Superintendent, GMC Jammu has been assigned to Dr Narinder Kumar Bhutiyal is not in accordance with the Rules of 1979 as well as not in consonance with the ratio of judgment dated 06.06.2005 passed by High Court”, the CAT said, adding “respondent is not having the post graduation qualification in Surgery/ Gynaecology/Medicine and other clinical subjects/Hospital Administration as stipulated in Schedule-III of the Rules”. The CAT further said, “On perusal of the order dated 18.11.2022 passed on the applicant’s representation, we find that the relevant factors have been totally ignored and not taken into consideration by respondent”, adding “the relevant factors which ought to have been considered by respondent was the recommendation made by the Principal, Government Medical College, Jammu with regard to applicant’s eligibility; the experience earned by him during 11.09.2017 to 27.09.2018; the experience earned by him while managing the dedicated COVID-19 Hospital and the principles laid down by the High Court of Jammu & Kashmir in Dr Vinod Gupta’s case”. “However, no such consideration has taken place which in our considered opinion renders the order dated 31.10.2022 as nonest and the same is liable to be ignored”, the CAT had said while quashing the appointment.
