Despite the court directions, Director Health Services Kashmir, Dr. Saleem-ur-Rehman, is not relieving 24 Assistant Surgeons, who have been selected for Senior Residency and Registrarship in Sher-i-Kashmir Institute of Medical Sciences (SKIMS), Soura and Government Medical College, Srinagar.
At the same time, the Directorate of Health Services, Kashmir has relieved some of the blue-eyed Assistant Surgeons for Senior Residency and Registrarship including Dr. Abrar, son in law of former Commissioner/Secretary, Health and Medical Education.
Following the denial of the Director Health Services Kashmir to relieve them for Senior Residency and Registrarship, the aggrieved doctors approached the court and sort relief. They got the relief from the court but only to be left high and dry by the Director.
Justice Hasnain Masoodi has passed an order on March 15 directing DHS Kashmir to relieve the Assistant Surgeons so that they can join SKIMS Soura, Government Medical College, Srinagar and Government Medical College, Jammu as Senior Residents and Registrars.
"The respondents are directed to allow all such petitioners who have been selected for the Senior Resident- ship/Registrarship in Government Medical College, Srinagar and SKIMS Soura, Srinagar to complete the tenure posting and relieve them immediately," said Justice Masoodi in his order.
In the order Justice Masoodi had directed the DHS Kashmir to avail the services of the Senior Resi- dents/Demonstrators/Registrars who have already completed their tenure. He said these people should be engaged in place of the Assistant Surgeons who have been selected for Resident- ship/Registrarship.
The order was issued with respect to several service writ petitions (SWPs) filed by the petitioners over the past few months. Around 20 SWPs (1917/2011, 1522/2011, 2223/2011, 2648/2011, 1662/2011, 1198/2011, 1472/2011, 1416/2011, 1723/2011, 2508/2011, 1711/2011, 119/2011, 1604/2011, 1444/2011, 1466/2011, 1493/2011, 1005/2011, 1769/2011, 2430/2011 and 2781/2011) were filed and later clubbed together.
Taking a strong note of the arbitrary release of the doctors by DHS Kashmir for residentship/registrarship, Justice Masoodi has said that such a move would deprive the petitioners of an opportunity to compete for lecturership in Government Medical College, Srinagar and SKIMS Soura, Srinagar. He said that this is more important as senior residentship and registrarship is prescribed as important condition for an Assistant Surgeon to be eligible for lecturership.
Responding to the contention of the respondents that the doctors cannot be relieved since a policy has been framed in this regard, Justice Masoodi said that the policy came into effect from March 2, 2012 while as petitioners pleaded their case before this date. He said the policy has laid down under the Government Order number 164-HME of 2012 dated 02-03-2012.
"It is stated that the Government has come out with a policy reflected in Government order number 164-HME of 2012 dated 02-03-2012, whereby guidelines has been laid down to regulate the deputation of in-service Assistant Surgeons as Senior Residents and Registrars in SKIMS and Government Medical College, Srinagar/Jammu. There is no disagreement with the proposition that in absence of the policy, the respondents could not resort to pick and choose method and exercise their discretion in an arbitrary manner," said Justice Masoodi.
The medicos who are not relieved by the DHS Kashmir are Dr. Asim Rafiq Laharwal, Dr. Fayaz Ahmad War, Dr. Javid Muzamil Dandroo, Dr. Ahmad Beg, Dr. Mohammad Iqbal Wani, Dr. Hilal Ahmad Dar, Dr. Waseem Jan Shah, Dr. Sami Jan, Dr. Muzaffar Ali Khan, Dr. Gulzar Ahmad Dar, Dr. Jan Mohammad Sheikh, Dr. Fayaz Ahmad Bhat, Dr. Ikhlas Ahmad, Dr. Rouf Gull Ganaie, Dr. Adnan Rashid Mattoo, Dr. Irshad Ahmad Lone, Dr. Peerzada Umer Farooq Baba, Dr. Manzoor Ahmad Lone, Dr. Shakil-ur-Rehman, Dr. Maqsood Ahmad Dar, Dr. Tariq Abdullah Mir, Dr. Farooq Ahmad Dar, Dr. Manmohan Singh and Dr. Mohammad Iqbal Dar.
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