Madras High CourtWP/22575/2023disposed of

Dr. V.Bhuvaneswari v. The Secretary To Government

2023-08-01Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and W.M.P.No.22013 of 2023 1.V.Bhuvaneswari 2.V.Tamilarasi .. Petitioners

Versus

1.The Secretary to Government Health and Family Welfare Department Fort St.George, Chennai - 600 009 2.The Director Directorate of Medical Education Poonamallee High Road, Chennai - 600 010 3.The Director of Public Health and Preventive Medicines DMS Campus, Teynampet, Chennai - 600 006 4.The Director of Medical & Rural Health Services DMS Campus, Teynampet, Chennai - 600 006 5.The Chairman Medical Services Recruitment Board (MRB) 7th Floor, DMS Buildings 358, Anna Salai Teynampet, Chennai - 600 006 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India 1/6

praying to issue a Writ of Mandamus, directing the respondent authorities to consider the representations of the petitioner dated 14.07.2023 and pass orders directing the respondents to grant incentive marks to the petitioners for their Covid-19 duty and also grant of 20 percent reservation under Section 3(1) of Tamil Nadu Appointment on Preferential Basis in the Services under the State of Persons Studied in Tamil Medium (PSTM) Act 40 of 2010 to the petitioners considering their entire schooling in Tamil Medium (1st to 12th standard) in the recruitment process for filling 1021 vacancies of Asst. Surgeon and such other vacancies in the departments of respondents 1 to 4 as notified in the Notification No. 11/ MRB/ 2022 dated 11.10.2022. For Petitioner : Mr.S.Thanka Sivan For Respondents : Mr.M.Alagu Goutham for R1-R4 Government Advocate Mr.M.Loganathan for R5

ORDER

This writ petition has been filed seeking to direct the respondent authorities to consider the representations of the petitioner dated 14.07.2023 and pass orders directing the respondents to grant incentive marks to the petitioners for their Covid-19 duty and also grant of 20 percent reservation under Section 3(1) of Tamil Nadu Appointment on Preferential Basis in the 2/6

Services under the State of Persons Studied in Tamil Medium (PSTM) Act 40 of 2010 to the petitioners considering their entire schooling in Tamil Medium (1st to 12th standard) in the recruitment process for filling 1021 vacancies of Asst. Surgeon and such other vacancies in the departments of respondents 1 to 4 as notified in the Notification No.11/ MRB/ 2022 dated 11.10.2022.

2. It is the case of the writ petitioner that they have completed MBBS course and registered themselves in the Tamil Nadu Medical Council. Further, they are eligible for 20% reservation as per Section 3(1) of Tamil Nadu Appointment on Preferential Basis in the services under the State of Persons studied in Tamil Medium (PSTM) Act 40 of 2010 in the recruitment process to be conducted by 5th respondent for filing up vacancies Assistant Surgeon/Medical Officers and they had worked during Covid Pandemic for a period of more than 1 yeart. It is their grievance that without giving preference to the Covid-19 doctors, the respondents authorities have released a notification on 11.10.2022 seeking to fill up 1021 vacancies including backlog vacancy of 75. Hence, they have submitted representation on 14.07.2023 seeking to consider the same, which are pending without consideration. Hence, this writ petition.

3/6

3. Since, the prayer is limited seeking for a direction, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 14.07.2023 and pass appropriate orders on merits and in accordance with law within a period of two months from the date of receipt of a copy of this Order

4. With these directions, this writ petition stands stands disposed of. Consequently, connected miscellaneous petition is closed. No costs. 01.08.2023 dhk Index:Yes/No Internet: Yes/No 4/6

To 1.The Secretary to Government Health and Family Welfare Department Fort St.George, Chennai - 600 009 2.The Director Directorate of Medical Education Poonamallee High Road, Chennai - 600 010 3.The Director of Public Health and Preventive Medicines DMS Campus, Teynampet, Chennai - 600 006 4.The Director of Medical & Rural Health Services DMS Campus, Teynampet, Chennai - 600 006 5.The Chairman Medical Services Recruitment Board (MRB) 7th Floor, DMS Buildings 358, Anna Salai Teynampet, Chennai - 600 006 5/6

N.SATHISH KUMAR, J.

dhk W.P.No.22575 of 2023 01.08.2023 (1/2) 6/6