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Madras High CourtWP/23468/2023disposed of

Dr . P.Lenin Sankar v. The Principal Secretary

2023-08-10Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2023 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR 1.Dr.P.Lenin Sankar 2.Dr.A.Chandrika 3.Dr.S.Meenambal 4.Dr.D.Gracy Paulin 5.Dr.Hemalatha 6.Dr.C.Jayapriya 7.Dr.M.Suganya 8.Dr.S.M.Balaji 9.Dr.F.Jerin Evangelin 10.Dr.G.Harish ... Petitioners Vs.

1.The Principal Secretary to Government, Health and Family Welfare Department, St. George Fort, Secretariat, Chennai - 600 009.

2.The Director of Medical Education, The Directorate of Medical Education, Kilpauk, Chennai - 600 010.

3.The Director of Public Health and Preventive Medicine,

4.The Director of Medical and Rural Health Services, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st respondent to regularize the petitioners who were appointed under 10(a)(i) and 17(i) and have cleared Special Qualifying Examination, 2022, with effect from the date of appointment order on par with other Medical Officers appointed through TNPSC / MRB (2009, 2016, 2017 and 2018) by passing orders on the representation dated 20.07.2023.

For Petitioners : Mr.C.Balasundar For Respondents : Mr.P.Baladhandayutham Special Government Pleader

O R D E R

This writ petition has been filed to direct the 1st respondent to regularize the petitioners who were appointed under 10(a)(i) and 17(i) and have cleared Special Qualifying Examination, 2022, with effect from the date of appointment order on par with other Medical Officers appointed through TNPSC / MRB (2009, 2016, 2017 and 2018) by passing orders on the representation dated 20.07.2023.

2.It is the case of the petitioners that they were appointed as Assistant Surgeon under 10(a)(i) and 17(1) in the Tamil Nadu Government Service in the year 2017 and later, qualified in Special Qualifying MRB Examination held on 28.05.2022, which was supposed to be conducted in 2019, but got delayed due to Covid-19 Pandemic. It is the grievance of the petitioners that they ought to be regularised with effect from the date of their appointment on par with other Medical Officers appointed through TNPSC/MRB (2009, 2016, 2017 and 2018). In this regard, the petitioners have also submitted their representation on 20.07.2023. Since the same was not considered, the present writ petition has been filed. 3.Heard the learned counsel for the petitioner. 4.Mr.P.Baladhandayutham, learned Special Government Pleader, who takes notice for the respondents, fairly submitted that the respondents will pass appropriate orders on the representation submitted by the petitioners.

5.Having regard to the limited scope of the relief sought for, and in view of the submission made by the learned Special Government Pleader, this Court directs the respondents to consider the representation submitted by the petitioners, dated 20.07.2023, 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. 6.With the above direction, this writ petition is disposed of. No costs.

10.08.2023 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order To 1.The Principal Secretary to Government, Health and Family Welfare Department, St. George Fort, Secretariat, Chennai - 600 009.

2.The Director of Medical Education, The Directorate of Medical Education, Kilpauk, Chennai - 600 010.

3.The Director of Public Health and Preventive Medicine, 4.The Director of Medical and Rural Health Services,

N. SATHISH KUMAR, J.

mkn 10.08.2023