Dr Bali’s charge would hinge on outcome of Dr Chalkoo’s plea: CAT

Srinagar, May 25: The Central Administrative Tribunal (CAT) in Srinagar has sought government’s response to a plea challenging an order that assigned the charge of the post of Principal Government Dental College (GDC) Srinagar to Dr Sandeep Kaur Bali, Head department of Prosthodontics , even as tribunal said Bali’s charge as officiating Principal would hinge upon a plea assailing the order.

Issuing notice on Dr Altaf Hussain Chalkoo’s plea which questions Dr Bali’s look-after charge as Principal Government Dental College Srinagar, a division bench comprising M S Latief Member (J) and Prasant Kumar Member (A) said: “In the meanwhile, subject to objections of the other side and till next date of hearing, the order impugned shall remain subject to outcome of the O.A. 12”. The plea would come up for further consideration on July 7.

Syed Musaib, Deputy Advocate General( DAG) accepted notice on behalf of J&K’s Principal secretary Health and Medical Education Department  as well as Principal Government Dental College and Hospital Srinagar while advocate M A Wani along with Z A Wani, accepted the same for Dr Bali as private respondent . They are required to file the detailed response in four weeks.

According to Dr Chalkoo’s plea, he is holding the post of Head, Department of Oral Medicine and Radiology, Government Dental College, Srinagar.

He has assailed the government order( 349-JK HME of 2025) whereby Dr Bali has been made Incharge Principal, Government Dental College, Srinagar in the interest of administration and patient care from May 8, 2025 in addition to her own duties, till the post is filled up on regular basis.

In his plea, Chalkoo’s contention is that the order issued by Principal Secretary Health and Medical Education Department asking Dr Bali, to look after the post of Principal Government Dental College Srinagar is “arbitrary and invidiously discriminatory”.

The plea seeks court’s intervention to quash the order for “violating the rules governing the field in particular Government Instructions appended to Article 85 of the J&K Civil Service Regulations”.

It also seeks direction to the government to consider all eligible candidates including the applicant Dr Chalkoo for substantive promotion to the post of Principal Government Dental College, Srinagar, by selection as per Rules in vogue.  The plea underscores that the government order is “arbitrary and unsustainable” that is compelling Dr Chalkoo, senior in cadre to work under a junior which is contrary to established service jurisprudence.

Seniority is a key criterion in ad-hoc or look-after arrangements, particularly for Administrative roles, and the order undermines this principle, the plea says.

“The power under Article 85 of the J&K CSR, it says, must be exercised judiciously and not arbitrarily, based on merit, service record, and suitability.

While the plea underlines that no objective assessment or comparative evaluation was conducted before assigning the look-after charge to respondent no. 3(Dr. Bali) despite Dr Chalkoo’s eligibility, it says assigning the charge to Dr Bali grants her undue administrative experience, skewing the fairness of any future regular selection process.

“Ad-hoc arrangements should be strictly temporary, and even then, if made, has to be based on transparent, merit-based, and non-discriminatory criteria. The Respondents should have initiated timely regular appointments rather than resorting to arbitrary look after arrangements for key administrative posts”.

The petitioner submits that in terms of Article 85 of the J&K Civil Services Regulations, a Government servant may be assigned the charge of another post in addition to his own duties and appointed to be Incharge of a higher post independent of his own duties. “ For doing so the competent authority has to adhere to the rules and the Government instructions attached thereto and there can be no deviation from the said rules and instructions”.

“The respondents should have initiated the selection process for appointing a regular Principal, Government Dental College in accordance with the J&K Dental Education (Dental College) Gazetted Service Recruitment Rules, 1993”.

He submits that the order impugned has only been passed to shower benefits upon Dr Bali so that she gets an edge while competing for the proper selection for the said post.

“Admittedly, in making such an arrangement, the competent authority had to ensure that such officers are appointed who satisfy all the requirements for higher appointment and can stand the scrutiny of departmental promotion committee or establishment committee,” the court said and issued notice on the plea.