AJK HC orders MBBS principal’s appointment on merit basis

Altaf Hamid Rao.

MIRPUR (AJK): Azad Jammu & Kashmir High Court has ordered for the appointment of the Principal of the public-sector Mohterma Benazir Bhutto Shaheed Medical College Mirpur through the proper manner and principle of merit enshrined in the determined rules and regulations to this direction.

The learned AJK HC comprising Chief Justice M. Tabassam Aftab Alvi, issued these orders here on Thursday on a writ petition filed by Razzaq Ahmed Kashmiri, Advocate, President AJK High Court Bar Association seeking filling in of the vacant post of the Principal of the MBBS Medical College Mirpur in accordance with contract policy in consideration of MP-1 Scale, after advertisement of the same through the formal selection process.

Accepting the writ petition, the learned court ordered the official respondents to ensure to advertise the post of the Principal of the MBBS Medical College as per prescribed contract policy in order to make the appointment strictly on the basis of merit and recommendation of respective selection committee within next two months period.

Javed Najam us Saqib, Advocate, Counsel for the petitioner, vehemently argued that the respondent Mian Abdul Rasheed was appointed as Principal of MBBS Medical College Mirpur for four years period through an official notificated dated 30.9.2011 and his appointment period was extended for further two years vide order dated 09.09.2015. The learned Counsel contended that respondents (including AJK government) wanted to extend further appointment period of the above mentioned respondent Mian Abdul Rasheed without advertisement of the post and adopting a formal selection process – which he termed an unlawful practice. He further argued that the respondents are under legal obligation to fill in the post of Principal in Mohterma Benazir Bhutto Shaheed Medical College Mirpur in accordance with contract policy in consideration of MP-I Scale.
Responding, Sajid Qureshi, Assistant Advocate General and SArdar Shaukat Ali, the learned legal Advisor of the AJK Health Department, submitted that the disputed post of the Principal in MBBS Medical College Mir;ur shall be filled in strictly in accordance with the contract policy, inviting applications through advertisement for the same and through a selection process, hence, craved for disposal of the writ petition in limine.
Same was the stance of Ch. Riaz Alam Advocate, appeared on behalf of the respondent Mian Abdul Rasheed, the outgoing Principal, who also prayed for disposal of the writ, in view of assurance of the official respondents representing the State in the case.

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