CAT annuls ‘arbitrary action’ after panel picks what JKPSC junks

Srinagar, Aug 17: An expert panel constituted in the wake of Central Administrative Tribunal’s (CAT) directions has declared eligible for the post of Deputy Medical Superintendent a candidate, who was rejected as “ineligible” by Jammu and Kashmir Public Service Commission (JKPSC) after he qualified for interview for the post earlier.

After being barred from selection processes for the post of deputy medical superintendent in Government Medical Colleges (GMCs) Srinagar and Jammu by JKPSC, allegedly for lacking the required experience, Dr Kuldip Singh Jat had no option other than to seek the court's intervention.

Dr Jat petitioned CAT in Srinagar last year with the contention that JKPSC’s action to debar him from participation in interview after qualifying written test as an “eligible” candidate for the DMSs’ post was “arbitrary”. He sought a direction for his interview.

His plea was that “he possessed the requisite qualification of post-graduation (PG) in surgery and had three years of working experience of ‘running a hospital’ after PG for the post of Deputy Medical Superintendent in GMC Srinagar and Jammu.

Jat further contended that had been working as Causality Medical Officer in Government Medical College Anantnag from 28.01.2019 till 19.06.2023 and produced a certificate in support of his claim.

His further contention was that working as Causality Medical Officer would include running a hospital that was a requirement for the post in terms of JKPSC’s advertisement notice dated November 7, 2023. In response to his plea, the court put on hold the selection process.

In its opposition to his plea, the JKPSC averred that for the post of Deputy Medical Superintendent, there is requirement of post graduate qualification in Surgery, Gynaecology or Medicine or other Clinical Subject/Hospital Administration with three- year working experience of running a Hospital after PG.

The selection agency further said that the “post of Deputy Medical Superintendent is directly related to the management of healthcare services and any delay in filling up this position could adversely impact the delivery of healthcare services, and thus, such post needed to be filled up with utmost priority to ensure uninterrupted and effective medical care”.

So, the issue to decide on before the tribunal was whether working as ‘Causality Medical Officer’ would include ‘running a hospital’ which makes a candidate eligible for the post of Deputy Medical Superintendent in GMCs.

In the face of the situation, the division bench of the tribunal comprising M S Latif Member (J) and Prasant Kumar Member (A) chose to seek an expert opinion on the issue. On November 5, 2024, the bench directed JK PSC’s secretary to constitute a committee of experts comprising director SKIMS, the Principals of Government Medical Colleges Srinagar and Jammu, Secretary Health and Medical Education or any of his representatives not below the rank of special Secretary or any other expert which the Secretary PSC chooses.

For the “delay in constitution of the committee”, the tribunal on March 3, 2025 expressed its dismay and felt to sensitize the JKPSC that “arbitrariness is an anathema to the rule of law”.

In view of the continuous non-compliance, the Court was compelled to direct the Commissioner Secretary, General Administration Department, and the Commissioner Secretary, Health and Medical Education Department to comply with the directions. Accordingly, the Secretary JKPSC was appointed as Nodal Officer to comply with the directions passed by Court on November 5, 2024.

Finally, the Health and Medical Education Department vide its order dated 25.04.2025, constituted the expert committee with Director, SKIMS Soura as its Chairman, the Principals of Government Medical

Colleges of Srinagar and Jammu and Director (Coordination) new GMCs as its members besides Secretary JKPSC its Member Secretary.

On May 13, 2025, the tribunal observed, “we smell the rat”, over the Panel’s delay to file the report indicating its recommendations. Notably, the JKPSC in its reply affidavit filed before the constitution of the expert panel had underscored the urgency for appointing the Deputy Medical Superintendents in GMCs saying delay in filling up the position could adversely impact the delivery of healthcare services.

Though the expert panel eventually submitted its recommendations, the tribunal did not accept the same saying the report was not as was sought for. Following this, the court requested the expert panel to provide candidate-wise clear opinion on their eligibility for the post of Deputy Medical Superintendent as per the notification and clarify whether the experience of Dr Jat as Casualty Medical Officer as well as the experience of other candidates found eligible for the post of Deputy Medical Superintendent by the J&K Public Service Commission amounts to “running a hospital” as required in terms of the notification.

Then in its final report dated 25.07.2025, the expert panel set out the eligibility of other candidates and also concluded that Dr Jat who has worked as Casualty Medical Officer at GMC, Anantnag, was also eligible for the post of Deputy Medical Superintendent.

“We would like to thank the committee for submitting its recommendations, but at the same time, we express our displeasure that it took the respondents more than ten months to come up with the final recommendation,” the bench of M S Latif Member (J) and Prasant Kumar Member (A) said. “Had the Court orders been timely complied with, the matter could have been decided within the stipulated period, as was directed,” the bench observed.

Accepting the expert panel’s final report duly attested by Secretary JKPSC, the tribunal ordered that the JKPSC shall conduct the interview of the Candidate (Dr Jat) within four weeks, who was declared ineligible for not having proper experience as was required in terms of the notification.

“Till the interview of the petitioner is conducted, the PSC shall not declare any of the results for the post to be filled up and as regards the result of the petitioner, the same shall be produced before the court in a sealed cover,” the court said and listed the matter on October 13, 2025.

Jatt’s example is a crystal-clear case to attest the arbitrariness with which the JKPSC treats the candidates. A huge question remains to be answered by the premier selection body. “Is this a jaundiced eye that dumps candidates who otherwise are eligible for jobs?”