HC directs government to obtain affidavit from Commissioner Secretary Health

SKIMS DIRECTOR CASESrinagar, Apr 21: The chief justice, justice K S Radhakrishnan on Monday directed the state to obtain the affidavit from the then commissioner secretary Health who had made the comments of “good” and “very good” for candidates while making selection for the director, SK Institute of Medical Sciences. The chief justice passed the direction after examining the records of selection produced before the High Court by additional advocate general MA Magray and after hearing the counsel for Dr Jalal, ZA Shah who submitted the judgment passed by the justice Bashir Ahmad Kirmani on the selection of Dr Jalal was not in accordance with the law. In April last year the single bench of Justice Hakim Imtiyaz Hussain had issued an order quashing the appointment of Director SKIMS Dr Jalal directing the state to make fresh appointment. On December 6, 2004 the Government had issued an advertisement vide notice DIP/J-2486 for the post of Director SKIMS. Other conditions apart, the advertisement notice had stated that the candidate should be of 50 years of age. The selection committee submitted three names for the post: Dr Abdul Hamid Zargar, Dr S. Jalal, Dr M.A Wani. The committee had graded Dr Abdul Hamid Zargar as “very good” and he was topping. It had kept Dr Jalal at second place and Dr Wani at the third. The committee proposal was placed before the Chairman of the Governing Body of SKIMS Srinagar (Chief Minister of the State). The Chief Minister on July 11, 2005 approved the name of Dr. Jalal for the appointment as Director SKIMS. However the Government on July 11, 2005 appointed Dr Jalal as Director SKIMS, who was then Professor and Head Department of Cardiology Aggrieved by the decision, the petitioner Muhammad Ashraf filed a petition in the High Court challenging the appointment of Dr Jalal saying the appointment has not been made in accordance with the rules. The Court quashed the appointment and directed the government to appoint suitable candidate. Dr Jalal filed an appeal before the division bench of justice Bashir Ahmad Kirmani and Justice Y P Nargotra. The bench gave split judgment with Justice Bashir Ahmad Kirmani upholding the single bench judgment while Justice Nargotra described Dr Jalal’s appointment in accordance with rules. The case was placed before the chief justice, justice KS Radhakrishnan. Pleading Dr Jalal’s case, senior counsel ZA Shah submitted that the selection committee was constituted by the government and subsequent modification were also made by the committee. He argued that the government was competent to do so under rules and it was not necessary to consult governing body as observed by the justice Bashir Ahmad Kirmani. He submitted that the 50 years age not eligibility criteria but under advertisement notice it was condition for the appointment. “Therefore it was not necessary for the selection committee to appoint a candidate who was less than 50 years of age,” he said, adding that there is no allegation of malafide against the authorities. The chief justice after perusal of records and hearing arguments wanted to know which authority has made the remarks of “good” and “very good. The chief justice directed the additional advocate general to obtain affidavit from the then commissioner cum health secretary who made remarks of “good” and “very good” in the list of the candidates. Earlier in the proceeding, the then chief secretary had filed an affidavit stating that the committee had prepared a selection panel. The case listed on May 7, 2008 for filing of the affidavit and hearing arguments.
GK NEWS SERVICE
TUESDAY, APRIL 22, 2008
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