High Court Stays Decision Of National Commission For Scheduled Castes To Replace HOD Surgery In Jammu Govt Medical College
The Jammu and Kashmir and Ladakh High Court on Wednesday stayed the operation of an order passed by the National Commission for Scheduled Castes to appoint Dr. Sanjay Kumar Bhasin as the HOD in the Surgery Department of Government Medical College, Jammu and thereby replace incumbent Dr. Ratnakar Sharma.
Sharma submitted that he is the senior most faculty member of the Department. He further claimed that Bhasin suppressed from the Commission the material factum that the service dispute between them viz-a-viz seniority has already been decided by a division bench of the High Court. Moreover, Supreme Court is already seized of the matter in a SLP whose scope includes Bhasin's placement as Incharge Assistant Professor.
It was further contended by Sharma that Bhasin has been filing false & frivolous complaints against him and that in any case, the Commission is not empowered to issue any direction either to transfer an employee in a particular post or place or to pass any order relating to service matter. It is only recommendatory body, he said.
Hearing these arguments, Justice Wasim Sadiq Nargal observed that prima facie case for indulgence has been made out by the petitioner. It thus issued notices to the National Commission, Health Secretary to J&K Government and the Principal of Govt Medical College, Jammu.
They have been granted time to file their objections by February 22, 2023.
Case Title : Ratnakar Sharma Vs UT of J&K
Coram : Justice Wasim Sadiq Nargal
Counsel For Petitioner : Mr SS Ahmad, Mr Rahul Raina, Mr Zulkarnain Chowdhary.
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