The Punjab and Haryana High Court has stayed the order re-employing Dr Suresh Kumar Singhal as Director of the PGIMS, Rohtak, for a further three-year term, questioning the legal basis for his continuation beyond the prescribed limit of 65 years.
Justice Harpreet Singh Brar, while hearing a petition filed by Dr Anil Pannikker, on Friday directed the Additional Chief Secretary, Department of Medical Education and Research, to file an affidavit within two weeks explaining the circumstances and legal justification for the re-employment.
The court also directed the state government to immediately make an interim arrangement by entrusting the charge of Director to a suitable person below 65 years of age, strictly in accordance with the applicable rules and statutes, to ensure that the institute’s administration does not suffer.
Governor Prof Ashim Kumar Ghosh had re-appointed Dr Singhal as the Director for a three-year term with immediate effect on August 13, relaxing the age limit of 65 under Clause 3(1)(e) of the university statutes. The petitioner challenged the order, contending that the decision was illegal and arbitrary.
According to the petition, Dr Singhal was initially given officiating charge of the post in November 2024, pending the appointment of a regular incumbent and the university had initiated regular recruitment vide advertisement, prescribing the maximum age of 65 years, but the process was not concluded.
The petitioner argued that upon attaining the age of 65 on July 31, 2026, Dr Singhal became ineligible to continue under Statute 3 (1) (e) of the university statutes, which mandates cessation of office upon attaining the age of 65, irrespective of the unexpired tenure, without providing any relaxation.
Taking note of the statutory provisions, the court observed that, prima facie, the authorities could not deviate from the prescribed procedure through an administrative order. It further observed that joining cannot confer legitimacy upon an appointment which the governing statutory provisions do not permit.
The court directed the Additional Chief Secretary to file an affidavit explaining the basis for re-appointment, any specific provision/rule which authorises relaxation of the age limit, along with details of the competent authority and the manner in which such relaxation was granted and recommendation of the state government in this respect.
The matter will be heard on November 25.
