The High Court on Tuesday directed the government to inform it by April 3 as to how Dr Samia Rashid continues to discharge her duty as Principal Government Medical College Srinagar when her appointment was quashed by the court.
The court also sought to know about the implementation of its judgment to place relevant records before the Governor headed state administrative council to take decision in the matter. A bench of Justice Ali Muhammad Magrey and Justice Tashi Rabstan sought the details while hearing a contempt plea by Dr Javeed Chowdhary. On March 14 this year the Court had quashed Dr Samia’s appointment after accepting Dr Chowdhary’s plea.
As the matter came up for hearing today, the Court asked state’s additional advocate general Shah Aamir as to under whose authority Dr Samia was continuing as the Principal. In response to the query, Aamir told the court that the Principal Secretary Health and Medical Education has submitted the case to General Administration Department.
In the compliance report filed in court, the Principal Secretary Health and Medical Education Department has stated that the respondents are in the process of implementation of the judgment. The court, however, observed that in the report the officer has stated nothing as to under which order the incumbent Principal was continuing.Meanwhile, the Court asked state’s senior additional advocate general, Javed Iqbal to inform it on behalf of the Commissioner Secretary GAD about the process of implementation of the judgment for making regular appointment against the post of Principal GMC Srinagar where the incumbent is continuing without any Authority.
The court deferred the matter till May 3 after Javed sought time to furnish the details.
On March 14, the High Court had quashed the 2017 appointment of Dr Samia Rashid as the Principal, and had directed concerned authorities to place relevant records regarding the decision before the State Administrative Council.
Allowing an appeal by Dr Chowdhary against a single-bench decision, a division bench of the court had set aside the judgment (of the single bench) dated 27 October 2017.
The bench had also quashed the cabinet decision number 50/04/2017 dated 28 April 2017 and government order number 252-HME of 2017 dated 8 May 2017.
Dr Chowdhary’s petition against both the orders was dismissed by the single bench.
The court had ordered for placing the whole material, consisting of minutes of the decision of the establishment-cum-selection committee before the cabinet or the SAC, as the case may be, for its reconsideration.
Dr Chowdhary had challenged the appointment of Dr Rashid as principal GMC Srinagar on the ground that he was the senior-most candidate and that the recommendations made by the establishment-cum-selection committee were violated.
