A division bench of Justices Bhushan Gavai and Pradeep Deshmukh here yesterday, stayed the transfer of the dean, Dr Abhimanyu Niswade and asked him to resume duty immediately.
The HC also stayed the transfer of secretary of Maharashtra State Medical Teachers Association (MSMTA) from GMCH, Dr Sameer Golawar.
Niswade was shunted out as a fallout of a case in connection to Dr Makrand Vyawahare, head of GMCH's Forensic Science Department, whom students have accused of sexual and mental harassment.
The court issued notice to 11 respondents, including state ministers and Secretary of Medical Education and Drugs Department, asking them to reply before December 3, fixed as the next date of hearing.
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The ministers named in the PIL are Sudhir Mungantiwar (Finance) and Vinod Tawade (Higher and Technical Education).
Mumbai-based Directorate of Medical Education and Research (DMER), Medical Education Director Pravin Shingare, Commissioner of Police, Nagpur and Police Inspector of Ajni, besides Dr Vyawahare, Dr Niswade, Dr Golawar and Dr Pradeep Dixit, holding additional charge of GMC Dean, are other respondents in the PIL.
While passing strictures against the senior Cabinet ministers, the judges remarked that Niswade's shunting was done with malafide intention by the authorities.
They said that the respondents were favouring Vyawahare as he was a close relative of one of the ministers.
"People's representatives should work in people's interests and should give it a priority before making such moves," the judges said.
The court said that ever since Niswade took over as GMC
Dean last year, there had been a dramatic change in the overall functioning and even the Chief Secretary had applauded the dean's efforts.
He said that refusal of Ajni Police station to lodge an FIR against Vyawahare clearly indicated that the entire medical system had been held to ransom by the respondents, including the ministers.
The fallout of DMER's illegal actions in protecting Vyawahare had resulted into Niswade and Golawar being transferred as they refused to bow to diktats of superiors, he alleged.
The petitioner claimed the transfers would adversely affect the functioning and development programmes of GMC.