"Timely Administration Necessary To Promote Rule Of Law": J&K High Court Directs SKIMS To Resume Associate Prof Selection Stalled Since 2022

The Jammu and Kashmir and Ladakh High Court has directed the Sher-e-Kashmir Institute of Medical Sciences (SKIMS) to resume the selection process for promotion to the post of Associate Professor in the Department of Surgical Gastroenterology, which has been stalled since September 2022.Emphasising the crucial role of timely administrative decision-making in upholding the Rule of Law, a bench of Justice Rahul Bharti observed, “ A timely administrative decision making/taking serves to promote the Rule of Law whereas a procrastination and avoidance of the administrative decision making/taking demotes the Rule of Law”. The case, brought before the court through a writ petition, highlighted the plight of two doctors serving as Assistant Professors at SKIMS, whose promotion to the position of Associate Professors had been indefinitely deferred since September 2022. The petition underscored the detrimental impact of this delay, not only on the career progression of the petitioners but also on the functioning of the institution itself.The petitioners further argued that the prolonged deferment of the selection process had led to a significant loss of productive time and posed concerns regarding potential issues with seniority compared to their peers who had undergone successful promotion exercises. They emphasized the urgency of the matter, urging the court to intervene and compel SKIMS to expedite the process.Upon meticulous examination of the case, Justice Bharti uncovered that the delay stemmed from an unrelated issue involving a member of the selection committee, which inadvertently had impacted the promotion exercise for the petitioners.Expressing unequivocal disapproval of the administrative inertia displayed by SKIMS, Justice Bharti emphasizing the fundamental importance of timely decision-making in upholding the Rule of Law.“Decision making, be it legislative, judicial or administrative, is the fertilizing feed of the Rule of Law. In this regard, an administrative decision making is an active shareholder in the service of the Rule of Law”, the bench recorded. Recognizing that the petitioners had been made to wait months after the interview process was deferred without any reason being given the court directed the Chief Secretary of the Union Territory of Jammu and Kashmir to ensure the resumption and conclusion of the selection process by or before March 31, 2024, without further delay.Case Title: Dr. Mohammad Riyaz Latoo and another Vs SKIMS & AnrCitation: 2024 LiveLaw (JKL) 23Click Here To Read/Download Judgment

"Timely Administration Necessary To Promote Rule Of Law": J&K High Court Directs SKIMS To Resume Associate Prof Selection Stalled Since 2022

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