Jammu, Feb 8: The Jammu and Kashmir government is likely to revert land, management and assets of the prestigious Sher-i-Kashmir Institute of Medical Sciences in Srinagar to the Sher-i-Kashmir National Medical Institute Trust which was taken over by the previous government headed by Mufti Muhammad Sayeed.
Official sources said the government is likely to take a final decision on the proposal in the cabinet meeting scheduled for Monday.
They said the cabinet may cancel the decision taken in 2003 by the then government headed by Chief Minister Mufti Muhammad Sayeed whereby the management of the SKIMS was taken over by the government to be run on the analogy of state-run nursing home—Chopra Nursing Home in Jammu.
The Trustees had fought a long battle against the government decision. The High Court had, however, refused to quash the cabinet decision, forcing the trustees to move the Supreme Court.

ANALOGY
The government in its order No HME of 1976 dated 27.8.1976 transferred Kashmir Nursing Home, Gupkar Road along with its land, building and all the assets to the “Sher-i-Kashmir National Medical Institute Trust.”
By another order No Rev (NDK) 90 of 1978 dated 19.4.1978, land measuring 292 Kanals 8 marlas situated at Zoonimar, Srinagar, Government Dispensary at Soura, Drug Research Lab along with land measuring 7 Kanals and 12 marlas and Kashmir Nursing Home measuring 23 Kanals 5 marlas were transferred to the Trust in ownership as a donation from the Jammu and Kashmir Government.
The Trust in the year 1995-96 requested the Government for taking over the Kashmir Nursing Home as it was not able to maintain it due to paucity of funds.
In a meeting held under the chairmanship of then Chief Minister on June 4, 1997, the government decided to take over the Nursing Home and run it on the analogy of Col. Chopra Nursing Home of the Government Medical College, Jammu.
Vide Government Order No. 695-HME of 1997 dated 6.8.1997, the Government sanctioned an amount of Rs. 50.00 Lakhs as Grant-in-Aid in favour of the Trust for completion of the new building coming up in the premises of Kashmir Nursing Home.

CABINET DECISION OF 2003
The cabinet in its decision had noted that Director, Madr-e-Meharban Institute of Health Services, Jammu has sought the permission of the Government for opening a branch of Madr-e-Meharban Institute of Health Sciences, Jammu, at Srinagar; and the Trust had agreed, in principle, to lease out the premises of the Kashmir Nursing Home at Gupkar Road to the Institute for utilizing the Nursing Home both for patient care as well as for training of para-medical personnel. “Whereas, from the aforesaid communication it is revealed that the Trust has decided to transfer the said Kashmir Nursing Home to a third party in violation of the Government order No. 214-HME of 197.6 dated 27.8.1976 and without bringing it in the notice of the Government; and whereas, the purported transfer of the Nursing Home by the Trust to a third party will create interest in his favour at the cost of the State Government and public at large,” the order reads.
By this order the government had ordered revocation of Government Order No. 214-ME of 1976 dated 27.08.1976 and Government order No. Rev (NDK) 90 of 1978 dated 19.04.1978 and taking over the possession of the property and land etc. referred to in the said Government orders, taking over the possession and management of Kashmir Nursing Home, Gupkar Road, Srinagar, taking over the full management of the affairs of Sher-i-Kashmir Institute of Medical Sciences, Soura, and any other institution/institutions affiliated with it. It also ordered taking over the legal possession of the property situated at Kothibagh, Srinagar, (Dr. Ali Jan Shopping Complex) over which the State Government asserts the lawful title and claims as real owner thereof vis-a-vis those who have raised construction thereon and are in physical possession.
The cabinet had also referred the matter to the Vigilance Organisation for investigating the transfer of the land by the trustees/management of Sher-i-Kashmir National Medical Institute Trust to the parties who “have constructed houses and shops thereon and are using it for commercial purpose in breach of the purpose for which it was handed over to the trustees.
Subsequently after the decision the government took over the nursing home at Gupkar Road and other properties.
LEGAL BATTLE
The Trustees filed a writ petition against the government order before the Jammu and Kashmir High Court. However, the Division Bench gave a split verdict over the issue. While Justice V K Jhanji, dismissed the writ petition, Justice Syed Bashir-ud-Din, quashed the impugned order and allowed the writ petition.
The petition was referred to the third Judge, the then Chief Justice Justice S.N. Jha, for final adjudication. After discussing the entire matter in detail the third judge, however refused to interfere in the cabinet decision and instead dismissed the writ petition.
“On consideration of the facts and circumstances of the case and materials on record, I am inclined to agree with the respondents that even if it is accepted that the opportunity of elaborate hearing should have been given, interference in the impugned order may not be in public interest,” the court had held adding, “The urgency of the action can be visualized from the fact that the transfer of Kashmir Nursing Home in favour of Sabia Tariq was imminent but for impugned action by the government which preempted the proposed action.”
The Trustees, however, preferred an appeal before the Supreme Court of India, but its fate could not be ascertained immediately.

MORE CABINET DECISIONS EXPECTED
The state cabinet is also likely to enhance the power tariff of the move employees, staying in the government accommodations. As per the proposal, government is fixing Rs 250 per month for a single room occupancy, Rs 400 per month for double room occupancy and Rs 700 for three-room occupancy. However, the tariff will be shared equally by the employees and the estates department.

Lastupdate on : Fri, 8 Feb 2013 21:30:00 Makkah time
Lastupdate on : Fri, 8 Feb 2013 18:30:00 GMT
Lastupdate on : Sat, 9 Feb 2013 00:00:00 IST