K.Kuralarasan v. The Member Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.04.2017

CORAM

THE HONOURABLE MR. JUSTICE T.RAJA W.P. No.9920 of 2017 and W.M.P.No.10915 of 2017 Dr.K.Kuralarasan .. Petitioner Vs.

1. The Member Secretary, Medical Services Recruitment Board [MRB], 7th Floor, DMS Building, No.359, Anna Salai,

2. The Director of Public Health & Prevention Medicine, DMS Compound, Anna Salai, .. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to consider the petitioner for selection to the post of Assistant Surgeon (General) based on merit in the selection consequent to the Notification No.12/MRB/2016 dated 10/11/2016 issued by the 1st respondent based on merit in the selection as per examination conducted on 12.02.2017 and to allow the petitioner to participate in the counselling for appointment to the post of Assistant Surgeon (General) based on merit in selection.

For Petitioner : Mr.V.Elangovan For Respondent No.1 : Mr.A.Vivek, Standing Counsel For Respondent No.2 : Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

The petitioner has completed his M.B.B.S. in August 2015 and got temporary registration from the Tamil Nadu Medical Council. Based on the same, he has also undergone Internship - CRRI from 17.10.2015 and completed the same on 16.10.2016 and he was also got permanent registration in the Tamil Nadu Medical Council on

30.11.2016. In the meantime, the first respondent / Medical Services Recruitment Board [MRB] issued Notification dated 10.11.2016 inviting applications to the post of Assistant Surgeon (General).

2. Aggrieved against the delay in getting the provisional certificate from the Medical University, the petitioner approached this Court in W.P.No.2412 of 2017 for consideration of his candidature for selection to the post of Assistant Surgeon (General). This Court has also considered the case of the petitioner and directed the first respondent to permit the petitioner to write the examination but however not to declare the results subject to the result of the Writ Petition. Since the results have not been declared till date, the petitioner once again has come to this Court seeking a direction to the first respondent to declare the withheld results.

3. Mr.A.Vivek, learned Standing Counsel appearing for the first respondent fairly submitted that the first respondent has no impediment to declare the results of the petitioner. Mr.V.Jayaprakash Narayanan, learned Special Government Pleader also submitted that the counselling process was over.

4. Recording the statement made by the learned Standing Counsel, the first respondent is directed to declare the results of the petitioner at the earliest possible time. Since the counselling process had already been over, the respondents are directed to consider the case of the petitioner, if there is any vacancy available.

5. With this direction, the Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To

1. The Member Secretary, Medical Services Recruitment Board [MRB], 7th Floor, DMS Building, No.359, Anna Salai,

2. The Director of Public Health & Prevention Medicine, DMS Compound, Anna Salai, +1 CC to Mr. V. Elangovan, Advocate sr 24245 +1 Cc to Govt. Pleader sr 24472 W.P. No.9920 of 2017 SS(CO) sp/25/4