Avinash Azad
In a significant judgment, the Central Administrative Tribunal (CAT), Jammu Bench, has ruled in favor of Dr. Rajive Gupta, who challenged the selection process for the post of Lecturer in the Department of Surgery at Government Medical College (GMC) Jammu.
The tribunal has directed the government to create a supernumerary post to accommodate him, while allowing the already appointed Dr. Rahul Gupta to continue in service. The case dates back to 2010, when Dr. Rajive Gupta filed a petition against the Jammu and Kashmir Public Service Commission (JKPSC), alleging irregularities in the selection process.
The key grievances raised included:
1. Selection of an ineligible candidate (Dr. Rahul Gupta) who allegedly lacked the required two years of experience as Registrar, Tutor, Demonstrator, or Senior Resident.
2. Conducting a common interview for two distinct services—Medical Education (Gazetted) Service and Health & Family Welfare (Gazetted) Service—despite separate recruitment rules.
3. Allegations of disproportionate weightage to interview marks, affecting merit-based selection.
The tribunal strongly criticized the JKPSC for its “negligent and callous attitude,” stating that its actions had cost the applicant heavily and infringed upon his fundamental rights. However, considering the fact that Dr. Rahul Gupta has served for nearly 15 years, the tribunal refrained from quashing his appointment to avoid further legal complications.
Instead, the CAT bench, comprising Mr. Rajinder Singh Dogra (Judicial Member) and Mr. Ram Mohan Johri (Administrative Member), directed the government to create a supernumerary post for Dr. Rajive Gupta. He is to be appointed as Lecturer in the Department of Surgery with notional benefits, ensuring that his seniority is not affected.
“The real justice can be done so as to mould the relief of parties,” the tribunal observed, citing a recent Bombay High Court judgment as precedent. The government has been given two months to implement the tribunal’s directions. This ruling is expected to have wider implications for recruitment processes in Jammu & Kashmir, especially regarding adherence to selection norms and ensuring transparency in appointments to key positions in medical education.
