JAMMU: In LPA filed by Dr. Riyaz Ahmed challenging the judgment of Writ Court whereby court dismissed his petition seeking quashing of his transfer from Super specialty Hospital, a Division Bench of State High Court Comprising Chief Justice M.M Kumar and Justice Bansi Lal Bhat after hearing Senior K.S Johal with Advocate Sumeet Bhatia for the appellant whereas Senior AAG Gagan Basotra appearing for the State, dismissed the appeal as devoid of merit and does not warrant admission.
Chief Justice M.M Kumar observed that on the issue of eligibility, Writ Court concluded that the appellant could not have been adjusted even as incharge arrangement against the post of Deputy Medical Superintendent as he lacked requisite qualification prescribed by the Rules. Even clarification to that effect was obtained from Medical Council of India, which opined that the qualification possessed by the appellant did not answer the requirement of Rules of 1979.
However, the writ court directed that the process of selection for appointing Deputy Medical Superintendent was in progress and the candidate was to be appointed in accordance with the rules. It was further clarified that the official respondents were to allow only a duly qualified person to hold the post of Deputy Medical Superintendent/Medical Superintendent according to rules.
Division Bench after hearing counsel at length and is of the view that the opinion expressed by the Writ Court does not suffer from any legal infirmity warranting interference of this Court. It is conceded as a fact that the appellant is substantive holder of the post of Assistant Surgeon in the Health Department and does not possess requisite qualification for appointment as Deputy Medical Superintendent or Medical Superintendent. That being the factual background the appellant cannot claim, as of right to continue working on the post of Deputy Medical Superintendent/Medical Superintendent. The allegations of malafide have remained unsubstantiated and the impugned order dated 8th January, 2014 did not suffer from any extraneous consideration. The appeal is devoid of merit and does not warrant admission and is, accordingly, dismissed. JNF
