JAMMU: A Bench of Central Administrative Tribunal quashed the appointment of Dr. Narinder Singh Bhutyal as Medical Superintendent, Govt Medical College Jammu.
The Bench making up Suresh Kumar Monga, Member (J) and A K Dubey, Member (A) after hearing Sr Abhinav Sharma, helped by Adv Abhimanyu Sharma for the petitioner Dr. Rakesh Kumar Sharma whereas AAG for participant, observed that “The High Court has actually unconditionally directed that the State Government will take actions for filling the posts of Medical Superintendent existing in Government Medical College Hospital, Jammu and its associated mentor medical facilities by following the treatment imagined by Rule 7 of 1979 Rules, in case there is no qualified individual available in the cadre of Deputy Medical Superintendents for being promoted to the post of Medical Superintendent substantively, it might look for the suggestion of the J&K Public Service Commission of an individual to be published as Medical Superintendent who otherwise need to be qualified under Rules and in the viewpoint of the Commission has remarkable benefit along with expert experience of high order in his speciality and after acquiring the views of Medical Council of India.
“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, including “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 Rules”.
order was challenged by Dr Rakesh Kumar Sharma, who looked for quashing of the exact same on the ground that participant, who is substantively holding the post of Medical Officer and belonging to Jammu and Kashmir Medical (Gazetted) Service made up under J&K Medical (Gazetted) Service Recruitment Rules, 1970 has actually been published as Medical Superintendent in Govt Medical College, Jammu in large offense of J&K Medical Education (Gazetted) Service Recruitment Rules, 1979.
“The participant neither is qualified to hold the post of Medical Superintendent nor might have been moved from the post of Medical Officer to the post of Medical Superintendent.
CAT even more observed that on perusal of the order dated 18.11.2022 handed down the candidate’s representation, we discover that the pertinent elements have actually been completely overlooked and not taken into account by participant No. 1. The pertinent elements which should have actually been thought about by Respondent No. 1 was the suggestion made by the Principal, Government Medical College, Jammu with regard to candidate’s eligibility; the experience made by him throughout 11.09.2017 to 27.09.2018; the experience made by him while handling the devoted Covid-19 Hospital and the concepts set by the Hon’ble High Court of Jammu & Kashmir in Dr. Vinod Gupta’s case (supra). However, no such factor to consider has actually occurred which in our thought about viewpoint renders the order dated 31.10.2022 as nonest and the exact same is responsible to be overlooked. In the conspectus of conversations made herein above, the Original Application is worthy of to be enabled. Accordingly, the Original Application is enabled. The order dated 31.10.2022 (Annexure A-1) qua the Respondent No. 3 herein is thus quashed. The Respondent No. 1 is directed to reevaluate the candidate’s representation dated 20.07.2022 while taking into account the observations made in the preceding paragraph 67 and the concepts set by the Hon’ble High Court of Jammu & Kashmir in Dr. Vinod Gupta’s case (supra). A reasoned and speaking order be passed within a duration of 3 weeks from the date of invoice of a qualified copy of this order—JNF