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2018 DIGILAW 303 (JK)

Farooq Ahmad Wani v. State of JK

2018-05-16

ALI MOHAMMAD MAGREY

body2018
JUDGMENT : 1. The petitioners, herein this petition, are working as District Medical Officer, B-Grade Physician and Incharge B-Grade Physician, respectively, in the respondent Indian System of Medicines, J&K. 2. The subject matter of the instant writ petition, filed under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu & Kashmir, is the Government order bearing No. 157-HME of 2018 dated 23rd of February, 2018, issued by the Principal Secretary to the Government, Health & Medical Education Department/ respondent No.2, which reads as under: “In the interest of administration, Dr. Abdul Kabir Dar, Secretary Technical, Health & Medical Education Department shall hold the additional charge of the post of Principal, Government Unani College, Ganderbal, Kashmir in addition to his own duties till further orders. By order of the Government of Jammu and Kashmir.” 3. Thereafter, the said Government order dated 23rd of February, 2018, stands modified vide Government order bearing No. 310-HME of 2018 dated 25th of April, 2018, issued by the respondent No.2, which reads thus: “In partial modification of Government Order No: 157-HME of 2018 dated 23.02.2018, it is hereby ordered that Dr. Abdul Kabir Dar, Commissioner Food Safety J&K, shall hold the charge of Principal Government Unani Medical College, Ganderbal, Kashmir in addition to his own duties till further orders. By order of the Government of Jammu and Kashmir.” 4. Mr M. Y. Lone, the learned counsel for the petitioners, has placed explicit reliance on the notification issued by the Central Council of Indian Medicine dated 24th of May, 2013, in terms whereof, the qualification for the post of Head of the Institution (Principal or Dean or Director), has been notified and has, in this behalf, proceeded to state that the respondent No.5 is not qualified to hold the post of Principal in terms of the notification supra. The learned counsel further states that a vigilance compliant is also pending against the respondent No.5 which warrants action under law. 5. Mr M. I. Dar, the learned Additional Advocate General, appearing on behalf of the respondent Nos. 1 to 4 & 5, submits that, in view of exigency, there is no other option available for the Government except to allow the respondent No.5 to hold the additional charge of Principal, Government Unani Medical College, Ganderbal, Kashmir, in addition to his own duties. 6. 1 to 4 & 5, submits that, in view of exigency, there is no other option available for the Government except to allow the respondent No.5 to hold the additional charge of Principal, Government Unani Medical College, Ganderbal, Kashmir, in addition to his own duties. 6. Mr Faisal Qadri, the learned counsel appearing on behalf of the respondent No.5, would submit that mere adjustment of the respondent No.5 by allowing him to perform the additional charge of the post of Principal on the basis of the Government decision does not violate any of the rights of the petitioners who are only substantively holding the post of Medical Officers. The learned counsel further submits that the decision of the Government is a reasoned one which cannot be challenged. 7. Heard the learned counsel for the parties, consider the matter. Caveats stand discharged. 8. Mere asking the respondent No.5 to perform the additional duties of the post of Principal, Government Unani College, Ganderbal, Kashmir, does not amount to any promotion, but the Government has the power to make such an interim arrangement in case of an exigency. The petitioners have also failed to substantiate their claim with reference to the applicable rules and norms. Admittedly, they are holding the posts which are below the rank of Principal, therefore, their claim is not justified. 9. The Government, in exercise of the powers, have the authority to run the affairs of the State institutions for the welfare of the citizens. An institution cannot be kept headless, which, if permitted, may affect the smooth functioning of such an institution. Since the petitioners have been found not entitled to the position of Principal, therefore, this writ petition sans merit. It entails dismissal and is, accordingly, dismissed in limine alongwith connected MP(s). There shall be, however, no order as to costs.