Doctor with no PG qualification posted as Medical Superintendent at GMC, Tribunal quashes appointment

Jammu: Noting that the newly appointed Medical Superintendent of Government Medical Jammu, Dr Bhutyal lacks any post-graduation qualification in Surgery/Gynaecology/Medicine and other Clinical subjects/ Hospital administration, a Bench of Central Administrative Tribunal has recently quashed his appointment.

In fact, the CAT bench has further reiterated the directions given by the High Court that the State should fill up the posts of Medical Superintendent according to the Rule 7 of 1979 Rules.

The Tribunal was considering a plea moved by Dr Rakesh Kumar Sharma, who was represented by Senior Advocate Abhinav Sharma assisted by Advocate Abhimanyu Sharma.

Dr Narinder Singh Bhutyal was made the Medical Superintendent of GMC Jammu on a temporary basis. However, his appointment was challenged before the Tribunal.

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As per the latest media report by Daily Excelsior, while considering the matter, the Tribunal bench comprising Suresh Kumar Monga (Member J) and A K Dubey (Member A) observed, “the High Court has categorically directed that the State Government shall take steps for filling up the posts of Medical Superintendent existing in Government Medical College Hospital, Jammu and its associated teaching hospitals by following the procedure envisaged by Rule 7 of 1979 Rules”.

“The temporary arrangement made vide order dated 31.10.2022, whereby charge of post of Medical Superintendent, GMC Jammu has been assigned to Dr Narinder Kumar Bhutiyal is not in accordance with the Rules of 1979 as well as not in consonance with the ratio of judgment dated 06.06.2005 passed by High Court”, added the Tribunal as it referred to the fact that “respondent is not having the post graduation qualification in Surgery/ Gynaecology/Medicine and other clinical subjects/Hospital Administration as stipulated in Schedule-III of the Rules”.

“In case there is no eligible person available in the cadre of Deputy Medical Superintendents for being promoted to the post of Medical Superintendent substantively, it may seek the recommendation of the J&K Public Service Commission of a person to be posted as Medical Superintendent who otherwise must be eligible under Rules and in the opinion of the Commission possesses exceptional merit as well as professional experience of high order in his speciality and after obtaining the views of Medical Council of India”, the CAT further observed.

The bench also referred to the order dated 18.11.2022 and mentioned, “on perusal of the order dated 18.11.2022 passed on the applicant’s representation, we find that the relevant factors have been totally ignored and not taken into consideration by respondent.”

According to the Tribunal, the factors that should have been considered by the respondent was "the recommendation made by the Principal, Government Medical College, Jammu with regard to applicant’s eligibility; the experience earned by him during 11.09.2017 to 27.09.2018; the experience earned by him while managing the dedicated COVID-19 Hospital and the principles laid down by the High Court of Jammu & Kashmir in Dr Vinod Gupta’s case”.

Taking note of the fact that no such consideration has taken place, the bench quashed the appointment and observed, "...which in our considered opinion renders the order dated 31.10.2022 as nonest and the same is liable to be ignored."

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