CAT pulls up PSC over ‘delayed affidavit’, directs 2 top officers for compliance

Srinagar, Mar 16: The Central Administrative Tribunal (CAT) in Srinagar has directed J&K’s Commissioner Secretary, General Administration Department (GAD) and Commissioner Secretary, Health and Medical Education Department to file within ten days compliance on whether working as ‘Causality Medical Officer’ would include ‘running a hospital’, which makes eligible a candidate for the post of Deputy Medical Superintendent in GMC Srinagar and Jammu.

A division bench comprising M S Latif Member (J) and Prasant Kumar Member (A) issued the direction after Secretary Jammu and Kashmir Public Service Commission (JK PSC) in an affidavit informed the court that PSC lacks mandate to constitute the committee over the eligibility, saying the domain for inter-departmental committee constitution lies with the GAD and the concerned Administrative Department. On November 5 last year, the tribunal for clarifying the eligibility had directed the Secretary PSC to constitute the Committee of experts comprising director SKIMS, 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.

The direction was issued in response to Dr Kulbir Singh Jat’s plea before the tribunal that he possesses the qualification of post-graduation (PG) in surgery and has three years of working experience of running a hospital after PG for the post of DMS in GMC Srinagar and Jammu. The PSC didn’t conduct the interview of Dr Jat for the post after he had qualified  the written examination for the same. The PSC had invited for the DMSs post in terms of a notification dated November 7, 2023. The tribunal expressed its dismay over "PSC's delay" in filing the affidavit regarding the constitution of the expert committee in the matter.

“The order was passed on 05.11.2024 and the affidavit submitted by the Secretary, Public Service Commission is of 01.01.2025. It appears that the Secretary, Public Service Commission did not bother to inform this court within the time stipulated in the order,” the tribunal said, adding in view of the emergency involved in the matter, the Secretary, PSC was directed to constitute a committee and furnish the report in a sealed cover within ten days positively.

The reply affidavit is filed after nearly a gap of two months, the court said.  “..... the PSC did not have the mandate to constitute the committee as was ordered, at least, the Secretary, PSC could have taken up the matter with the concerned authorities as mentioned in the order dated 05.11.2024 and apprise this court accordingly within the stipulated period. It appears that the Secretary, PSC has passed the buck.”  The Court observed that the ultimate object of any process of selection for entry is undoubtedly to secure the best and most suitable person for the job avoiding patronage and favouritism. The tribunal said the Secretary PSC was directed to constitute a committee as the court found it expedient and in the interest of justice to seek for expert opinion. “But however to our dismay PSC rather than expediting the disposal of the case and ignoring the emergency as expressed by the court in its order dated 05.11.2024 perpetuated the delay”.

In response to the affidavit filed by the Secretary PSC seeking to modify the interim order dated November 5, 2024 on constitution of the Committee, the bench declined to alter the order. “However, we would like to add that a direction shall go to the Commissioner Secretary, General Administration Department and Commissioner Secretary, Health and Medical Education Department as stated by Secretary, Public Service Commission, who will endeavor to comply with the directions passed on 05.11.2024 positively within a period of ten days and furnish their report in a sealed cover within a period of one week thereafter,” the tribunal said in its order of March 12. The Court appointed secretary PSC as Nodal officer and directed him to ensure the compliance of its direction in the order dated November 5, 2024. The Court said given the urgency of the matter it is directed that the order be complied within the specified time irrespective of holidays in between.