CAT says expert panel’s opinion out of focus, seeks fresh report

Srinagar, Jul 19:Observing its report as out of keeping with the details required to be furnished, the Central Administrative Tribunal (CAT) in Srinagar has sought a fresh report from the five-member expert panel it has constituted to clarify the candidates’ eligibility accepted by JKPSC for the selection of the post of Deputy Medical Superintendent in Government Medical Colleges (GMC) Srinagar and Jammu.

A division bench of M S Latif, Member (J), and Prasant Kumar, Member (A), sought the report afresh after it noted that the expert panel instead of giving its opinion on the points required, had diverted the issue towards the genuineness of the experience certificate of the petitioner and other candidates found eligible by the JKPSC.

“It could have been in fitness of things had the committee expressed its opinion and elaborate upon what constitutes running of the hospital, what is relevant experience, and whether the petitioner and candidates found eligible by JKPSC for the post of Deputy Medical Superintendent possessed the relevant experience or not, as required in terms of the notification,” the court said.

The tribunal observed that in the panel’s final report placed before it in a sealed cover, the committee has described the term “Running of a Hospital” and has also submitted that the experience certificates of the candidates found eligible by the JKPSC for the post of Deputy Medical Superintendent were genuine.

However, the tribunal held that in terms of order dated November 5, 2024, it had observed that “what does the experience of running hospital after post graduation means” and had also requested the committee to examine the experience certificates of those candidates, who had been declared as eligible by the J&K PSC, including the experience certificate of the petitioner.

The court observed that in its order dated May 21, 2025, it had specifically mentioned the case of Dr Ifra Khalil Kangoo, whose experience was mentioned as “assisting the Medical Superintendent, SKIMS in running the administrative affairs of the hospital”, and the experience had been accepted by the JKPSC as being valid.

The court said it was expected from the committee to give its detailed opinion with respect to Dr Kangoo, which the panel had not given knowingly or unknowingly.

The court said it had very specifically observed that “the committee had not clarified, as to whether experience of assisting the Medical Superintendent, SKIMS, in running the administrative affairs of the hospital is a required qualification in terms of the advertisement notice and likewise as regards others also.”

“We, accordingly, had expected that the committee would provide the complete expert opinion as sought by the court, which will include the petitioner as well as all those candidates whose experience and qualification had been accepted by the JKPSC,” the bench said and observed that the case had been pending before it since September 2024.

The tribunal observed that the respondents took about seven months to constitute the committee as directed by it, and the committee took more than three months to submit its report, which has yet to reply to the queries of the court.

“The committee was constituted to assist this court as the subject matter required the opinion of the experts,” it said.

“This court accordingly, once again requests the Committee to give its candidate-wise clear opinion on their eligibility for the post of Deputy Medical Superintendent as per notification and whether the experience of the petitioner working as casualty Medical Officer and experience of other candidates found eligible for the post of Deputy Medical Superintendent by the JKPSC, amounts to running a hospital or not, as is required in terms of the notification,” the court said.

The court asked the committee to furnish its report by July 29 afresh, as the instant report did not address the issue.

“This court, if required, may request the committee members to be present in person to assist this court, which will be in the larger interest of justice and will aid in the expeditious disposal of the matter,” the tribunal said and listed the matter higher up for further hearing on July 29.

The tribunal has ordered the constitution of the expert panel in response to Dr Kulbir Singh Jat’s plea that “he possesses the requisite qualification of post graduation (PG) in surgery and has three years of working experience of ‘running a hospital” after PG for the post of Deputy Medical Superintendent in GMC Srinagar and Jammu.

Dr Kubir was not called for the interview by the JKPSC, following which he petitioned the court and challenged the selection process.

The court put the selection process on hold after it prima facie found that a case was made out.

It subsequently constituted the five-member expert panel headed by the Director SKIMS to dispel the ambiguity surrounding the eligibility.