Dr Sheikh Jalal was illegally appointed as SKIMS director: HC

Srinagar, May 28: The High Court on Wednesday upheld the quashing of Dr Sheikh Jalal-ud-Din as the director of Sher-i-Kashmir Institute of Medical Sciences (SKIMS), Soura.The appeal of Dr Jalal was dismissed after the court admitted that his appointment was made by former Chief Minister Mufti Muhammad Syed brushing aside all the rules and regulations.In his judgement, Chief Justice, Justice K S Radhakrishnan directed the authorities to appoint a new director at SKIMS as per rules and regulations, and till further arrangements are made the government may continue with the incumbent director Dr Abdul Hameed Zargar.The court said that Mufti Syed had no powers to appoint a SKIMS director and the competent authority for appointing the director was the governing body of the institute.The High Court had earlier directed the government to respond to the objections of petitioners in the appointment of Prof Jalal as SKIMS director.The petitioner through his senior counsel Mian Abdul Qayyum challenged appointment of Dr Jalal who was appointed by the government on July 11, 2005 as director SKIMS, terming it illegal.Qayoom argued that government had framed a selection committee to select a suitable candidate for the post of director. “The committee shortlisted three candidates; setting up of the panel was wrong," the counsel submitted.He said, “Even if we consider the panel of candidates, Dr Zargar was graded as ‘very good’ by the committee and was topping the list. Hence he (Dr Zargar) should have been appointed as director. There was no question of appointing Dr Jalal,” Qayyum argued.He said even the recommendations of the selection committee have to be approved by the SKIMS' governing body. “The Chief Minister who is also the chairman of the governing body alone can't make decisions on behalf of the body. Though he is the chairman he is only one of the members of the body,” Qayoom argued.He said if the decision for appointing Dr Jalal as SKIMS director was taken by the government it should have got the approval from the Cabinet. “For promoting head of the department, the powers have to be exercised by the Cabinet and not by the Chief Minister alone,” Qayoom said. He pleaded that Dr Zargar should be appointed as director SKIMS on permanent basis and government should give him the pay scale attached to the post with effect from July 11, 2005 when Dr Jalal was “Illegally and improperly” appointed as director SKIMS.“The appointment of Dr Zargar should not be disturbed,” Qayyum prayed.
28 May, 2008 09:00:00
Javed Shah
http://etalaat.net