Why non-medico teacher was not appointed as Internal Examiner? CAT issues Show-cause notice to GMCH-32 Director Principal

Published On 2022-04-20 06:00 GMT   |   Update On 2022-04-20 06:00 GMT

Chandigarh: While considering a contempt plea by a doctor of GMCH 32, who was denied her right to be appointed as an Internal Examiner, the Central Administrative Tribunal has issued a show-cause notice to the Director Principal Dr. Jasbinder Kaur.Even though last year, GMCH-32 was instructed by the Tribunal to forward the name of the petitioner doctor Dr Sushumna, Professor, Department...

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Chandigarh: While considering a contempt plea by a doctor of GMCH 32, who was denied her right to be appointed as an Internal Examiner, the Central Administrative Tribunal has issued a show-cause notice to the Director Principal Dr. Jasbinder Kaur.

Even though last year, GMCH-32 was instructed by the Tribunal to forward the name of the petitioner doctor Dr Sushumna, Professor, Department of Biochemistry, as an Internal Examiner, that order is yet to be complied with.

Therefore, the doctor moved the Tribunal again with a contempt petition filed under section 17 of the Administrative Tribunal Act 1985 read with Central Administrative Tribunal (contempt of Court) Rules 1992, adds The Tribune.

Issuing show-cause notice against the Director-Principal, the Tribunal bench comprising of Rakesh Kumar Gupta and Suresh Kumar Monga listed the matter for further hearing on April 19.

The matter concerned the petitioner doctor, associated with GMCH 32, who wished to be appointed as an Internal Examiner. However, even though the doctor fulfilled all the required qualifications for the appointment, the GMCH reportedly didn't appoint her.

Challenging this, earlier the doctor had approached the Central Administrative Tribunal, Chandigarh alleging bias and malafide intention on the part of Dr. Jasbinder Kaur who had allegedly discriminated against the applicant on the ground of her being a non-medico teacher.

In fact, the petitioner doctor had further alleged at that time that the discrimination was arising out of the fact that she had found some financial irregularities at the cost of public money taking place in the department.

After considering the matter and taking note of the submissions, CAT Chandigarh had observed in its order dated 23.04.2021 that the decision of not forwarding the name of the doctor as internal examiner was without any merit.

The bench had directed the GMCH to consider and forward her name for appointment as Internal Examiner in the examinations being conducted by the Punjab University for all future examinations, on her turn, as per the existing guidelines on rotational basis.

Although CAT had given its verdict in favour of the doctor, the discrimination continued, claimed the doctor and alleging willful disobedience of the earlier order of CAT, the petitioner doctor prayed in the contempt plea to summon the Director-General and punish her for disobedience.

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As per the latest media report by The Tribune India, even though the petitioner is the senior-most in the department with her name at serial number 2, now the Director-Principal has allegedly adopted a new proforma and discriminated against the petitioner doctor by making categories such as medical and nonmedical examiner. So, now the name of the petitioner was in the last of the list even though there couldn't be any distinction.

Appearing on the behalf of the doctor, her counsel submitted before the tribunal that even though GMCH-32 moved the High Court against the CAT order, the HC bench denied any stay on the order.

It has been demanded by the doctor to implement the CAT order of April 2021 and include the doctor's name as per her seniority in the list sent to the University for appointing Internal Examiner.

After considering the contempt plea, the Tribunal bench comprising of Rakesh Kumar Gupta and Suresh Kumar Monga issued a show-cause notice to the Director Principal of the GMCH-32 asking why contempt proceedings shouldn't be initiated against her.

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