Dr.P.Dhinesh Kumar v. State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.Nos.28106, 28117 to 28121, 28123, 28124 & 28127 of 2019 and WMP.Nos.27746 & 27749, 27750 & 27753, 27752 & 27754, 27757 & 27759, 27760 & 27761, 27762 & 27763, 27765 & 27769, 27764 & 27766, 27773 & 27774 of 2019
...Petitioners in
Dr.P.Dhinesh Kumar ... W.P.No.28106 of 2019 Dr.M.A.Gobala Krishnan ... W.P.No.28117 of 2019 Dr.S.Tamizh Selvan ... W.P.No.28118 of 2019 Dr.MalarMannan KS ... W.P.No.28119 of 2019 Dr.S.Priyanka ... W.P.No.28120 of 2019 Dr.R.Pradeep ... W.P.No.28121 of 2019 Dr.B.Sathish Kumar ... W.P.No.28123 of 2019 Dr.R.Vimal Kumar ... W.P.No.28124 of 2019 Dr.J.Elango ... W.P.No.28127 of 2019 Vs.
1.State of Tamil Nadu Rep. by its Secretary Health and Family Welfare Department Secretariat, Chennai-600 009.
2.The Director of Medical and Rural Health Services D.M.S. Buildings 359, Anna Salai, Teynampet, Chennai-600 006.
3.The Member Secretary Medical Services Recruitment Board 7th Floor, DMS Buildings, 359 Anna Salai, Teynampet, Chennai-6.
... Respondents(in all) Common Prayer: Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to fill up the 1884 post of Assistant Surgeon (General) on the basis of the marks obtained by the
candidates in the written examination in pursuance to the notification in Notification No.07/MRB/2018 issued by the 3rd respondent dated 25.09.2018 and consequently, appoint the petitioner in the post of Assistant Surgeon (General) if the petitioner comes within the zone of consideration in accordance with the explanation to the Section 27 of the Tamil Nadu Government Servant (Conditions of Service) Act, 2016 within the time period.
For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mrs.A.Srijeyanthy, Additional Government Pleader for R1.
Mr.V.Kadirvelu Special Government Pleader for R2 & R3 COMMON ORDER Mrs.A.Srijeyanthy, learned Additional Government Pleader, accepts notice on behalf of first respondent and Mr.V.Kadirvelu, learned Special Government Pleader accepts notice for respondents 2 and 3. By consent, these petitions have been taken up for final and common disposal at the admission stage itself.
2.These writ petitions have been filed seeking direction to the respondents to fill up 1884 post of Assistant Surgeon (General) on the basis of the marks obtained by the candidates in the Written examination in pursuance to the Notification in Notification No:07/MRB/2018 issued by the 3rd respondent dated 25.09.2018 and consequently appoint the petitioner in the post of Assistant Surgeon (General) if the petitioner comes within the zone of consideration in accordance with the explanation to the Section 27 of the Tamil Nadu Government Servant (Conditions of Service) Act, 2016 within the time period stipulated by this Court.
3.All the petitioners have completed MBBS Degree and qualified to participate in the recruitment for the post of Assistant Surgeon (General). While so, the 3rd respondent Medical Services Recruitment Board has issued a notification in Notification No.07/MRB/2018 dated 25.09.2018 inviting applications for 1884 vacancies for the post of Assistant Surgeon (General). The qualification prescribed for the said post is that the candidate should possess MBBS Degree. The scheme of examination is written examination and the minimum
qualifying marks for SC/ST candidates id 30/100 and for other category candidates is 35/100. The procedure of selection is based on the marks obtained in the written examination, duly following the rules of reservation and communal rotation of Government of Tamil Nadu. The petitioners have applied for the same post and participated in the written examination and have scored more than the minimum marks required. These petitioners have not been called for certificate verification. However, certificate verification was carried out filling up 1884 vacancies and appointment orders were also issued to the candidates, who have been selected.
The main grievance of the petitioners is that several candidates, who have participated in the certificate verification process have not joined in their respective post and presently more than 900 vacancies have not been filled up. According to the petitioners, the respondents ought to have filled up the vacant posts by way of accommodating the wait listed candidates like the petitioners. Though, the petitioners have sent representation to the respondents seeking to fill up the 1884 post of Assistant Surgeon (General) on the basis of the marks obtained by the candidates in the written examination and consequently appoint the petitioners in the said post, till date, the same has not been considered. Hence, the petitioners have filed the present petitions with the aforesaid prayer.
4.Heard both sides.
5.The learned counsel for the petitioners submitted that in the year 2017, when candidates were filled up over and above the advertised vacancy, the said process was upheld by this Hon'ble Court in W.P.(MD).No.13171 of 2017 on 06.09.2017. He further submitted that for all these years, the 3rd respondent has adopted a method in which certificate verifications were conducted continuously for filling up the non-joined vacancies from the reserve list of candidates. But, peculiarly in this year alone, the said method is not adopted and the same has resulted in paucity of Doctors in the Primary Health Centres and Hospitals in the State. However, he further submitted that though the petitioners sought for a large relief, it would suffice if a direction is issued to the 3rd respondent to consider the representation of the petitioners submitted on various dates and pass orders within the stipulated time as fixed by this Court.
6.The learned Special Government Pleader appearing for the respondents 2 and 3 conceded to the request made by the learned counsel for the petitioners and submitted that if any representations received by the 3rd respondent, the same would be considered on merits and in accordance with law.
7.Thus, without going into the merits of the case, the respondents 2 and 3 are directed to consider the representation of the petitioners and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order. For ready reference, the petitioners are directed to enclose a copy of their representations along with this order copy to enable the respondents 2 and 3 to pass orders.
8.With the above direction, these writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar rm To 1.The Secretary State of Tamil Nadu Health and Family Welfare Department Secretariat, Chennai-600 009.
2.The Director of Medical and Rural Health Services D.M.S. Buildings 359, Anna Salai, Teynampet, Chennai-600 006.
3.The Member Secretary Medical Services Recruitment Board 7th Floor, DMS Buildings, 359 Anna Salai, Teynampet, Chennai-6.
+9cc to Mr.K.Thilageswaran, Advocate, S.R.No. 82411, 82412, 82413, 82414, 82417, 82418, 82419, 82422, 82423 +1cc to the Government Pleader, S.R.No. 82320 W.P.Nos.28106, 28117 to 28121, 28123, 28124 & 28127 of 2019 GJ II(CO) GN(06/11/2019)