MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) Medical College Muzaffarabad once again came under litigation on Wednesday after a writ petition was instituted in the High Court against alleged favouritism and discrimination in recent appointments of faculty members.

Taking up the petition filed by Dr Irum Gilani, a regular employee of the AJK Health Department and enrolled in the medical college faculty since 2011, Justice Azhar Saleem Babar sought parawise comments from respondents before the next date of hearing on Jan 22.

Apart from the AJK government through chief secretary, secretary health and principal medical college, the petitioner has also arrayed appointees, Prof Dr Shakeel Fiaz and associate professors Dr Mohammad Shakil Saddiq, Dr Zahid Azeem, Dr Mumtaz Ahmed and Dr Abdul Qadoos Arain, as private respondents.

One of the five private respondents – Dr Mumtaz Ahmed – is from among the regular health department employees while the rest are from the open market.

Except for Dr Arain, the remaining three have already been serving in the medical college as associate and assistant professors.

On May 24, 2017, the college advertised posts of professors and associate professors, giving only 10 days time to candidates for submission of applications.

The advertisement clearly stated that the candidates have to attach Pakistan Medical and Dental Council (PMDC) experience certificate for the respective posts, failing which their applications would not be entertained.

On December 7, 2017, appointment of 10 faculty members - five from the health department and as many from the open market on contract basis – was notified through two separate notifications.

Surprisingly, the notification about the appointees from the open market stated that their joining would take effect after provision of the PMDC eligibility certificates.

Raja Amjad Ali, counsel for Ms Gilani, alleged that while only 10 days were given to the applicants for submission of applications to keep most of eligible and qualified candidates out of the process, the selection process was kept in abeyance for more than six months, after receiving incomplete, non-entertainable applications from private respondents, just to provide opportunity to them to fulfill their required experience.

This spoke volumes about the fact that their appointments were in violation of the law, established principles and terms and conditions of the advertisement, he added.

The counsel further maintained that the appointment of Dr Mumtaz Ahmed was unlawful also because the advert sought applications for associate professor for Haematology while Mr Ahmed was qualified in Microbiology.

Ms Gilani is the second faculty member to have challenged appointments in the AJK Medical College Muzaffarabad after Prof Dr Adnan Mehraj whose petition had led to the annulment of the induction of former principal Dr Jamshed Ali for not bearing the requisite Level-III qualifications.

Ms Gilani, who is a PMDC registered associate professor in community medicine, had also applied for the post of associate professor in the college.

However her appointment was “withheld” by the selection committee, headed by chief secretary, on the basis of an “inquiry” for which she had never been charge sheeted.

The committee’s “discriminatory decision” was also challenged by her through a separate petition on Wednesday, maintaining that any inquiry, either civil or criminal, could not debar a person from his/her right to promotion.

Ms Gilani told the court she had already made a representation to the AJK prime minister for a probe into the allegations against her.

Justice Babar admitted the second petition for regular hearing and ordered maintenance of status quo till next date of hearing on Jan 22.

Published in Dawn, January 5th, 2018