REYAZ AHMAD Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is an appeal filed by one Dr. Reyaz Ahmad challenging the judgment and order passed by the learned Single Judge. The appellant has been holding the post of Assistant Surgeon in the department of health on substantive basis. He was deputed vide order dated 20.10.2012 to look after the duties of Deputy Medical Superintendent Super Specialty Hospital, Jammu in his own pay scale. He was also given extension on 22.05.2013 as incharge Deputy Medical Superintendent till further orders or till the post is filled up through PSC/DPC whichever was earlier. It is also pertinent to noticed that the appellant was allowed to continue as General Manager, J&K Health and Medical Supplies Corporation. The aforesaid post was created pursuant to Cabinet decision dated 23.06.2003.

(2.) HOWEVER , vide order dated 08.01.2014 the working of the appellant as Deputy Medical Superintendent , Super Specialty Hospital, Jammu was transferred and he was directed to report to the Principal, Indira Gandhi Government Dental College, Jammu. The aforesaid order was subject matter of challenge before the Writ Court and the same has been upheld.

(3.) THE order dated 08.01.2014 was challenged before the learned Writ Court principally on the ground of malafide labelled against the Minister Incharge of Health and Medical Education Department. The learned Writ Court found as a fact that the appellant was not qualified to hold the post of Deputy Medical Superintendent as he lacked basic qualification and the qualification obtained by him from Royal College of Physicians and Surgeons of the United States of America was not a qualification equivalent to post graduation degree in Surgery or Gynaecology or Medicine or Hospital Administration, as required by J&K Medical Education( Gazetted) Service Recruitment Rules, 1979 (for brevity, Rules of 1979). The learned Writ Court after hearing the arguments, rejected the allegations of malafide which is evident from a perusal of paras 17, 18 and 19, the same are set out below: -