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HIGH COURT
Notice to PGIMER on selections
Tribune News ServiceChandigarh, June 19
Issuing notice to the Post-Graduate Institute of Medical Education and Research, (PGIMER) besides other respondents, on a petition filed by an Additional Professor of Cardiology, seeking the quashing of the process for selecting professors on grounds of bias, a Division Bench of the Punjab and Haryana High Court has asked them to show cause why the petition should not be admitted. In his petition, Dr H.K. Bali had also sought directions to the respondents for holding fresh selections without the participation of the PGIMER Director, Dr S.K. Sharma, after the reconstitution of selection committees, including the appointment of experts. Directions for restraining the respondents from making appointments to the posts of professor during the pendency of the writ petition were also sought. The Bench comprising Mr Justice Swatanter Kumar and Mr Justice Jasbir Singh, while issuing the notice for July 1, however, did not pass any order on the stay plea. Claiming himself to be an applicant for the Professor’s post, Dr Bali had asserted that another candidate Dr Anil Grover and the Director were co-brothers-in-law. He had added that the Director was actively participating in the selection process. At one occasion, the Director could not participate in the selection process and as such the same was deferred at his behest so as to ensure benefit to Dr Grover. Giving details, he had added that the selection committee constituted for the purpose did not even have a single member with the knowledge of cardiology, nuclear medicine, pharmacology, ENT and other fields for which vacancies were advertised and as such was non-functional. His counsel had added that the Director had issued instructions that the opinion of the experts would prevail and that the order of merit was to reflect the seniority. Seniority of professors was common and had material bearing on appointment as Dean and the Director, the counsel had asserted. Meanwhile, according to sources in the PGIMER, both Dr Grover and Dr Bali were interviewed by the Standing Selection Committee. The Director, sources added, did not participate in the process. Mayor’s electionTaking up a petition filed by six councillors against the holding of elections for electing Mayor, senior Deputy Mayor and Deputy Mayor of the Ludhiana Municipal Corporation through the raising of hands, Mr Justice Swatanter Kumar and Mr Justice Jasbir Singh today observed that “as per the existing regulations, the Mayor’s election was to be held by secret ballot”. The Judges also directed a stay on the operation of a rule, as amended by the government, regarding the holding of elections by the raising of hands. Delivering the verdict, the Judges observed: “We are of the considered view that at least prima facie, the rule, as amended, is without authority of law. The corporation is a competent legislative body to frame rules and regulations which are subject to approval of the government. As per the existing regulations, the election of the Mayor is to be held by secret ballot. This is mandate of law relating to the election of Mayor and it is a settled principle of law that such provisions must be strictly constructed and implemented to ensure a fair and proper election.” The Judges concluded: “We see no reason for permitting variation by a law which lacks legislative sanction. As an interim order, we would stay the operation of rule as amended by the government”. The case will now come up for final hearing on July 9. In their petition, Mr Krishan Lal Chhabra and others had earlier sought directions to Punjab and other respondents to hold the elections by adopting the method of secret ballot as per the rules. Quoting a newspaper report, they had contended that the elections were to be held by raising hands. This, they had added, was illegal and arbitrary. Bail pleaFormer Punjab and Haryana High Court Judge-cum-Chairman of the Oil Selection Board Justice M.R. Agnihotri’s anticipatory bail plea in an alleged corruption case will come up for hearing before the high court tomorrow. He, along with two others, were earlier booked by the CBI for cheating and other offences under Section-120-B, 420-, 467, 468 and 471 IPC besides the Prevention of Corruption Act on June 10. His anticipatory bail plea was rejected on Tuesday by UT Additional District and Sessions Judge Ms Sneh
Prasher.

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