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Madras High CourtWP/9235/2016disposed of

Dr.V.P.Hariharavel Mds., v. The Director,

2016-07-14Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP.No.9235 of 2016 WMP.No.8206 of 2016 Dr.V.P.Hariharavel, MDS (Pedodontics and Preventive Dentistry) ...

Petitioner Vs 1.The Director, Medical and Rural Health Services Chennai-6 2.The Director, Medical Education, Chennai-10 3.The Government of Tamil Nadu, Medical Service Recruitment Board (MRB), Chennai-6 ... Respondents Prayer:- 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 19.1.2016 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.V.Ramesh Venkatachalapathy For Respondent :

Mr.K.V.Dhanapal-RR1&2 Mr.A.Vivek-R3

ORDER

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 19.1.2016 and 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. 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 joint the post and still there are 5 vacancies available and stating so, the Petitioner also sent a representation dated 19.1.2016 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.

The learned standing counsel for the 3rd Respondent, by filing a counter, has categorically stated that out of 31 vacancies, 5 MDS candidates, who have been provisionally selected, did not joint 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. In view of the admission made in the counter regarding the five vacancies and the fact 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 19.1.2016, in line with the counter affidavit of the 3rd Respondent and 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. Consequently, the connected MP is closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To:

1.The Director, Medical and Rural Health Services, Chennai-6.

2.The Director, Medical Education, Chennai-10.

3.The Government of Tamil Nadu, Medical Service Recruitment Board (MRB), Chennai-6.

+1cc to Mr.S.Yashwanth, Advocate sr.39587 +1cc to the Government Pleader Sr.39715 WP.No.9235 of 2016 gj[co] srg 29/07/2016