Dr.A.Sankar Mds, (Pedodontics v. The Director,
In the High Court of Judicature at Madras Dated : 16.08.2016 Coram :
The Honourable Mr.Justice B.RAJENDRAN Writ Petition No.28380 of 2016 Dr.A.Sankar MDS
...Petitioner
Vs 1 The Director Medical and Rural Health Services Chennai-600 006.
2 The Director Medical Education Kilpauk Chennai-10.
3 The Government of Tamil Nadu Medical Service Recruitment Board (MRB) 7th Floor, DMS Building 359, Anna Salai Teynampet, Chennai-600 006.
...Respondents
PETITION under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to consider the petitioner's representation, dated 23.03.2016, and appoint the petitioner to the post of Assistant Surgeon (Dental), pursuant to the Notification No.5/2014, dated 10.08.2014.
For Petitioner :
Mr.S.Yashwanth For Respondents :
Mr.A.Kumar Special Government Pleader
O R D E R
This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the Respondents 1 and 2 to consider the representation of the Petitioner, dated 23.03.2016, and to appoint the Petitioner to the post of Assistant Surgeon (Dental) pursuant to the Notification No.5/2014, dated 10.08.2014.
2. This Court heard the learned counsel on either side and also perused the materials placed on record.
3. Mr.S.Yashwanth, the learned counsel for the Petitioner would contend that the Petitioner, who is a Dental Surgeon, had attended the interview for selection to the post of Assistant Surgeon (Dental) and he was also called for certificate verification, but he was not selected and that out of 31 vacancies, the 5 MDS candidates did not join the post and still there are 5 vacancies available and stating so, the Petitioner also sent a representation dated 23.03.2016 to the 1st Respondent, which has not been considered so far and it would be suffice if the representation of the Petitioner is disposed of, expeditiously.
4. Mr.A.Kumar, the learned Special Government Pleader, who took notice on behalf of the respondents, on instructions has categorically stated that out of 31 vacancies, 5 MDS candidates, who have been provisionally selected, did not join duty till date and the 1st Respondent has also sent a proposal to the appointing authority to remove the names of such 5 candidates, which is pending.
5. Taking into consideration of the above submission and also the fact that the Petitioner appeared in the interview and he was also called for certificate verification, the 1st Respondent is directed to dispose of the representation of the Petitioner, dated 23.03.2016, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar
To 1 The Director, Medical and Rural Health Services, Chennai-6.
2 The Director, Medical Education, Kilpauk, Chennai-10.
3 The Government of Tamil Nadu, Medical Service Recruitment Board (MRB), 7th Floor, DMS Building, 359, Anna Salai, Teynampet Chennai-6.
+1cc to Mr.S.Yeswanth, Advocate sr.46497 W.P.No.28380 of 2016 ppa[co] srg 06/09/2016