JAMMU, Apr 26: Central Administrative Tribunal Srinagar Bench comprising M S Latif (Member-J) and Prasant Kumar (Member-A) by taking serious note of inordinate delay in ensuring compliance of its orders has sought personal appearance of Secretary, J&K Public Service Commission and Additional Secretary, General Administration Department besides passing strictures against them for capricious approach.
In a case pertaining to the filling up of posts of Deputy Medical Superintendents in the hospitals, the CAT passed detailed orders from time to time and on November 5, 2024, the Tribunal felt it expedient to direct the Public Service Commission to constitute a committee comprising of Director SKIMS, Principal Government Medical College Srinagar, Principal Government Medical College Jammu and Secretary, Health and Medical Education Department or any of his representative not below the rank of Special Secretary to facilitate in answering the query the CAT had raised so that the case is decided expeditiously and in accordance with law.J
It was also ordered that the committee will examine the experience certificates of those who have been declared as eligible by the PSC including the experience certificate of the petitioner-Dr Kulbir Singh.
The committee was ordered to be constituted within a period of one week which will submit its report within a period of 10 days positively in a sealed cover as the court felt the need for an expert opinion since it lacked expertise in the subject.
But, on March 12, 2025, the counsel appearing fort the PSC submitted that Commission didn’t have a mandate to constitute a committee and accordingly CAT directed Commissioner/Secretary, GAD and Commissioner Secretary, Health and Medical Education Department to comply with the direction passed on 05-11-2024 positively within a period of 10 days and furnish report within a period of one week thereafter in a sealed cover.
The PSC Secretary was appointed as Nodal Officer to comply with the direction. On April 7, 2025, the CAT stressed that since the case pertained to the selection of Deputy Medical Superintendents it should be expeditiously disposed of given the pressing need for such officers in various hospitals.
But strange, when the matter again taken up for hearing, the CAT observed, "None of our orders have been complied with & “no person can claim to be having fundamental right to appointment but a right of consideration is a right, as such, State cannot be allowed to act in an arbitrary and capricious manner & we are pained to come across the attitude of the authorities and we are not hesitant in expressing, once again that there appears an intentional delay in the case reaching to a logical and lawful end. This case is a glaring example of absolute official lethargy and non-compliance, given the emergency, as hospitals are running without Deputy Medical Superintendents".
The CAT further said, “we also would like to express our anguish against the Secretary PSC in not informing this court as to what action he has taken as he was appointed as Nodal Officer in the matter to comply with the directions, compelling this court to observe that the respondent PSC has taken the orders of the court very casually & we would not like to comment, at this stage, as to what prevails between the PSC and other departments as regards the instant case"
CAT said that our utmost concern is compliance of the directions of the court to uphold the rule of law and to maintain its supremacy. Given the unbecoming attitude of the respondents, a day is not far when the people will lose faith in this temple of justice & so we are left with no option but to seek personal appearance of Secretary, PSC and Additional Secretary, GAD.
Bench further added that this court is not, even otherwise, powerless to constitute a committee of experts but regard being given to the institution of PSC, we did not want to pass such orders at this stage as it would amount to interfering in the business affairs of the PSC.
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