Dr.D. Venkatesan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2019 CORAM :
THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR W.P. No.10484 of 2011 Dr. D. Venkatesan
...Petitioner
Vs.
1.The State of Tamil Nadu, Rep. By its Secretary Health Department, Secretariat, Chennai - 600 009.
2. The Deputy Director The Directorate of Indian Medicine and Homeopathy Department Arumbakkam Chennai - 600 106.
3.The Assistant Director Professional and Executive Employment Exchange Chennai - 600 004.
...Respondents
PRAYER:
This Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus, directing the 2nd respondent to appoint the petitioner for the post of Assistant Medical Officer in any Government Hospital and pass such further orders.
For Petitioner : Mr.M. Thamizhavel For Respondents : Mr.D. Raghu, Government Advocate
O R D E R
This Writ Petition is filed seeking to direct the 2nd respondent to appoint the petitioner for the post of Assistant Medical Officer in any Government Hospital.
2. The learned counsel for the petitioner would submit that the petitioner is fully qualified to be appointed in the post of Assistant Medical Officer. On 05.11.2009, the 2nd respondent conducted interview and selected candidates for the Government Hospitals all over Tamil Nadu. The 3rd respondent sponsored candidates registered from 1983 to 2003. According to the petitioner, he has registered his name in the 3rd respondent Exchange, during the year 1994 but the 3rd respondent failed to sponsor his name to the 2nd respondent. The 3rd respondent has sent a reply to the petitioner on 09.04.2010, for his representation dated 15.03.2010, stating that the age limit for the said post is 35 years as on 01.07.2009 and since the petitioner is beyond 35 years on the cut off date, his name was not sponsored to the 2nd respondent for appointment to the post of Assistant Medical Officer. Challenging the same, the petitioner has filed the present writ petition before this Court.
3. Relying upon the counter affidavit filed by the respondents, learned Government Advocate drew the attention of this Court to paragraph 6, wherein it is stated that based on the lists furnished by the 3rd respondent, the 2nd respondent has engaged Consultants only on hiring basis for NRHM posts and Assistant Medical Officers were not appointed by the 2nd respondent, as alleged by the petitioner, since the post of Assistant Medical Officers come under the purview of Tamil Nadu Public Service Commission. It is further submitted by the 2nd respondent that the candidates not sponsored by the Employment Exchange cannot be engaged under the NRHM Scheme and that the post of AYUSH Doctors created under NRHM Scheme are engaged only as Consultants and not as Assistant Medical Officers, which are regular posts in the department. Therefore, the contention of the petitioner that appointments were made in the post of Assistant Medical Officers, is not correct.
4. Heard the learned counsel for both the parties and perused the material available on record.
5. Admittedly, the petitioner has crossed the age of 35 years as on 01.07.2009. There is no other material placed before this Court to show that the petitioner has sought for age relaxation and approached the 3rd respondent for any appointment. In the counter affidavit filed by the respondents, it is categorically stated that the post of Assistant Medical Officer cannot be filled through employment exchange and that candidates who have completed 35 years of age cannot be employed in Government service. Based on the Government orders and Adhoc Rules, the upper age limit for Assistant Medical Officers is 35 years. According to the respondents, candidates were sponsored from the employment exchange only for the post of Consultants
and not for Assistant Medical Officers. Therefore, the prayer in the writ petition is liable to be rejected.
6. In fine, the writ petition stands dismissed. No order as to costs.
Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar avr To 1.The Secretary Health Department, Secretariat, Chennai - 600 009.
2. The Deputy Director The Directorate of Indian Medicine and Homeopathy Department Arumbakkam Chennai - 600 106.
3.The Assistant Director Professional and Executive Employment Exchange Chennai - 600 004.
+1 cc to the Government Pleader, S.R.No.5526. W.P. No.10484 of 2011 PP(CO) SSM(28/02/2019)