Srinagar, Apr 27: The Central Administrative Tribunal (CAT) in Srinagar has held that there appeared to be an apparent intentional official delay in a case challenging the selection for the post of Deputy Medical Superintendent (DMS) in GMCs of Srinagar and Jammu, even as it said the court “smells a rat for this delay”. A division bench comprising M S Latif Member (J) and Prasant Kumar Member (A) observed as “absolute lethargy” on part of the authorities not to file compliance on whether working as ‘Causality Medical Officer’ would include ‘running a hospital’ which makes eligible a candidate for the post of Deputy Medical Superintendent in GMC Srinagar and Jammu.
The court made the observation after it noted that its earlier directions besides the one issued on March 12 this year to J&K’s Commissioner Secretary, General Administration Department (GAD) and Commissioner Secretary, Health and Medical Education Department were not complied with in terms of the order passed on 05-11-2024 by the Tribunal. The direction was also not complied- with, by the Secretary PSC as nodal officer, it said.
These authorities were required to submit a report within 10 days as to whether working as ‘Causality Medical Officer’ would include ‘running a hospital’ which makes a candidate eligible for the post of DMC in GMC Srinagar and Jammu.
“We are pained to come across the attitude of the authorities and we are not hesitant in expressing, once again, that there appears to be an intentional delay in the case reaching to a logical and lawful end. This case is a glaring example of absolute official lethargy and non compliance, given the emergency, as hospitals are running vacant without Deputy Medical Superintendents”, the tribunal said.
In its apparent dismay over the authorities’ dilatory approach, the court said there should have been an endeavor by the authorities to accord proper assistance with utmost diligence and promptitude. Miffed over the non compliance of directions since November 11 when it ordered the constitution of an expert panel to find out whether working as ‘Causality Medical Officer’ would include ‘running a hospital’, the court said: “…. it appears that none of the orders passed by the court have been complied with. Delay in disposal of the case is squarely attributable to the respondents as they have not complied with the directions (passed), which has made this court to smell a rat,” the bench said. While the court observed that the PSC as a premier Institution is supposed to know that employment is a national wealth and there should not be any sort of patronage, favoritism, bias or creating a monopoly in this national wealth, it said:
“Selection based on merit is universally accepted as a gateway to public service and every candidate participating in a recruitment process has a legitimate expectation that the process of selection will be fair and non arbitrary and the ethos of constitutional safeguards will be upheld”.
On November 5, last year the tribunal had directed JK PSC’s secretary to constitute the Committee of experts comprising director SKIMS, Principles of Government Medical Colleges Srinagar and Jammu, Secretary Health and Medical Education or any of his representatives not below the rank of special Secretary or any other expert which the Secretary PSC chooses, to facilitate in answering the query.
On March 12, this year, the PSC informed the tribunal that it did not have a mandate to constitute the committee saying only the GAD was competent to constitute such a committee. In the wake of this, the tribunal had observed that given the emergency involved in the matter, the PSC could have taken up the matter with the GAD of its own or could have, at least, approached court through an application seeking modification of the order.
Subsequently, the tribunal directed Commissioner Secretary GAD and Commissioner Secretary, Health and Medical Education Department to file within 10 days compliance with regard to the constitution of the committee. The Court observed that the matter came up for consideration again on April 7, the Government Advocate was directed to inform the Commissioner Secretary, GAD, regarding the compliance of the order passed by the court on March 12 with further direction to ensure that the officer would remain present before court on the next date of hearing.
The Court further observed that ordinarily, the Additional Secretary, GAD, as was ordered, should have been present but it was Waseem Ahmad , Deputy Secretary Law, GAD, who caused his presence.
“This court is not recognizing his presence as he was not ordered to be present before the court. Presence of an officer is sought so that a case is decided expeditiously as every individual has a right of speedy justice, as such presence of the above officer was of no use and his presence is marked by the court as a mere formality with no fruitful purpose”
The Court also observed that the Secretary PSC without any power to delegate, in a cursory manner, asked his Assistant Legal Remembrance to just act as a post office and to send the orders of the court to the Secretary, Health & Medical Education Department, Srinagar, when already a copy of the order was sent to the officer. “We would not like to comment, at this stage, as to what prevails between the PSC and other Departments as regards the instant case”, the court said.
The Court observed that it was left with no option but to direct the personal appearance of Secretary, PSC & Additional Secretary, GAD before it and accordingly ordered so. In response to a submission by the counsel for PSC, the court permitted him that the Secretary, PSC could appear through virtual mode.
The court issued these directions in response to Dr Kulbir’s plea whose contention is that working as Causality Medical Officer would include running a hospital which is a requirement for the post in terms of PSC’s advertisement notice dated November 7, 2023.
