NT Reporter
Panaji
A petition has been filed before the High Court of Bombay at Goa challenging the appointment of Dr Medha Salkar as Director of Health Services. The petitioner
Dr Saleena Naik alleged that the appointment bypassed the prescribed promotional hierarchy.
The petition names the state of Goa, the Health Department, the Directorate of Health Services, and the Department of Personnel as respondents, along with
Dr Salkar. The challenge relates to an order issued on July 31, through which
Dr Salkar was given charge of the post of Director of Health Services.
Dr Naik, a resident of Caranzalem, has contended that the promotion is “ex facie illegal” and arbitrary, as it bypasses the statutory promotional hierarchy. She said the recruitment rules mandate that the post of Director of Health Services must be filled from a specific feeder cadre comprising deputy directors and medical superintendent-cum-deputy directors.
Dr Salkar, however, is a Chief Medical Officer, a post that does not fall within the prescribed feeder cadre, the petition said. Dr Naik said that selecting an officer outside the feeder cadre had rendered the official seniority list published on May 18 “illusory and meaningless.” Dr Naik said that she is
the senior-most eligible officer as per the applicable seniority list.
The petition also describes the appointment order as a “non-speaking order,” stating that it does not disclose any justification, criteria, or exceptional circumstances for bypassing the feeder cadre. Dr Naik said that
administrative discretion cannot be exercised contrary to statutory rules and that allowing such an action would affect principles of fairness and transparency in civil services.
Dr Naik has sought a writ of certiorari to quash the order and a writ of mandamus directing her appointment to the post. She has also sought interim relief by requesting a stay on the order.
during the case’s pendency.
