SHANKER NATH GANJU Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is a petition under article 32 2 -A of the Constitution of India, as applicable to the State of Jammu and Kashmir under the Constitution Application to Jammu and Kashmir Order, 1954 for the issue of a writ of mandamus; or any other appropriate writ against the respondent directing that the appointment of Dr. Shiv Saran Gupta as the Chief Medical Officer Is invalid and that the petitioner is entitled to that post. This writ petition challenges 1 the order of the Health Minister, dated 15th November, 1953, by which Dr. Shiv Saran Gupta was appointed as Chief Medical Officer in anticipation of the Cabinet sanction, 2 the Cabinet Order No. 684 -C of 1954 dated 2nd June, 1954, by which the appointment of Dr. Gupta as Chief Medical Officer by the Health Minister in anticipation of the Cabinet sanction was confirmed and he was made S. P. T. Chief Medical Officer and 3 the Cabinet Order No. 29 -C of 1956, dated 6th January, 1956, by which Dr. Gupta was confirmed as Chief Medical Officer.

(2.) WE have heard arguments in this case. The main contention of the learned counsel for the petitioner is that the petitioner was senior to Dr. Shiv Saran Gupta and as his merit and ability were also superior to him he should have been appointed as Chief Medical Officer in place of Dr. Shiv Saran Gupta. The Civil Service Rules which have a bearing on this case are as follows:

(3.) THE record in this case shows that on 18th April, 1953, on the occasion of the retirement of Dr. Nila Kanth Dhar, Chief Medical Officer, Jammu, Col. Sir Ramnath Chopra, the then Director Health Services, in his letter to the Government stated that though Doctors S. K. Shanglu, S. N. Ganju petitioner and N. D. Puri were senior to Dr. Shiv Saran Gupta, he did not consider these persons fit to hold the responsible appointment of Chief Medical Officer as they did not possess any practical knowledge of surgical work. He further remarked that Dr. Shiv Saran Gupta was an intelligent, smart and. efficient officer and had picked up fairly good knowledge of surgical work, having worked as Surgeon in S.M.G.S. Hospital, Jammu against the post of Surgeon Specialist for some years and as Medical Officer, Bhaderwah. Agreeing with the recommendation of the Director Health Services the Health Minister appointed Dr. Shiv Saran Gupta as Chief Medical Officer in anticipation of the Cabinet sanction vide Government Order No. 289 - Md/53 of 1953, dated 14th November, 1953. As already stated the action of the Health Minister in appointing Dr. Shiv Saran Gupta as Chief Medical Officer, Jammu, was confirmed by the Cabinet vide their order No, 684 -C of 1954 dated 2nd June, 1954 and Dr. Shiv Saran Gupta was made S.P.T.Subsequently the Director Health Services proposed confirmation of Dr. Shiv Saran Gupta and under Cabinet order No. 29 -C of 1956 dated 6th January, 1956, Dr. Shiv Saran Gupta was confirmed as Chief Medical Officer.