← Library
Madras High CourtWP/27006/2025disposed of

Dr.P.Pannerselvam v. The State Of Tamilnadu

2025-08-08Honourable Mr.Justice C.Kumarappan6 pages

WP NO. 27006 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-08-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P Nos. 27006 and 27010 of 2025 AND WMP Nos. 30311 and 30315 of 2025

1. Dr.P.Pannerselvam 2.Dr.Arbind Kumar Choudhary, Petitioner(s) ..Vs..

1. The State of Tamilnadu Rep by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai -600 009. 2.The Director Of Medical Education and Research, Kilpauk, Chennai -600 010.

3.The Dean, Government Erode Medical College, Perundurai (previously IRT Perundurai Medical College), Erode District -638 053.

Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to pass orders for promotion of the petitioner to the post of Associate professor in Physiology in the 3rd respondent Government Erode Medical College, Perundurai in the arising vacancy in accordance wtih Medical Council of India/National Medical Commission

Regulations and as per G.O. Ms. No. 81, Health and Family Welfare(B2) Department dated 14.03.2024, based on the Proposal submitted by the 3rd respondent in Na.Ka. No. 3616/Ni.4/2024 dated 26.09.2024 and Na.Ka.No. 2476/Ni.4/2025 dated 16.04.2025,with all consequential and attendant service benefits and pass such orders accordingly.

For Petitioner(s): G.Sankaran, Senior Counsel (For S.Nedunchezhiyan) For Respondent(s): M/s.K.Tippu Sultan Govt. Advocate (in Both Writ Petitions) COMMON ORDER The Writ Petition has been filed with the prayer to direct the Respondents to pass orders for promotion of the petitioner to the post of Associate professor in Physiology in the 3rd respondent Government Erode Medical College, Perundurai in the arising vacancy in accordance wtih Medical Council of India/National Medical Commission Regulations and as per G.O. Ms. No. 81, Health and Family Welfare(B2) Department dated 14.03.2024, based on the Proposal submitted by the 3rd respondent in Na.Ka. No. 3616/Ni.4/2024 dated 26.09.2024 and Na.Ka.No. 2476/Ni.4/2025 dated 16.04.2025, with all consequential and attendant service benefits.

2.The learned senior counsel for the petitioners would submit that in accordance with G.O. Ms. No.81 Health and Family Welfare(B2) Department dated 14.03.2024, the petitioners are eligible to the post of Associate Professor in Pharmacology in the existing vacancy. However, by misunderstanding the above G.O. the respondents 1 and 2 have not considered the same on the premise that it is not applicable to the non medical teaching faculty. However, the learned senior counsel would invite to the attention of this Court that the 3rd respondent has already sent a proposal seeking promotion to the petitioners vide proposal dated 16.04.2025 to the second respondent and the same is pending before the 2nd respondent.

3.At this Juncture, the learned Government Advocate would submit that they will consider the said proposal of the 3rd respondent within a reasonable time.

4. I have given my anxious consideration having heard both sides and perused the materials available on record.

5.In view of the aforesaid submissions of the Government Advocate, without going into merits of the Writ petition, this Court deems it appropriate to direct the 2nd respondent to consider the 3rd respondent's proposal dated 26.09.2024 as well as 16.04.2025 and pass orders on its own merits and in accordance with law within a period of six weeks from the date of receipt of copy of this order.

6. In the result, the both Writ petitions are disposed of with the aforesaid directions. No costs. Consequently, connected miscellaneous petitions are closed. 08-08-2025 Index : Yes/No Speaking order /Non Speaking Order Lbm

To:

1. The State of Tamilnadu Rep by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai -600 009. 2.The Director Of Medical Education and Research, Kilpauk, Chennai -600 010.

3.The Dean, Government Erode Medical College, Perundurai (previously IRT Perundurai Medical College), Erode District -638 053.

C.KUMARAPPAN, J.

Lbm W.P Nos. 27006 and 27010 of 2025 AND WMP Nos. 30311 and 30315 of 2025 08.08.2025