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Madras High CourtWP/31114/2022dismissed as infructuous

Dr.Rak Lawsol G.A. v. The State Of Tamil Nadu

2025-03-13Honourable Mrs Justice N. Mala6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2025

CORAM:

THE HON'BLE MRS.JUSTICE.N.MALA and WMP.Nos.30536, 30538, 30541 and 30542 of 2022 1.Dr.Raj Kawsik G.A.

2.Dr.Bharath Sabarish C.V.

3.Dr.Gayathri C.V.

4.Dr.Vignesh Venkat V.

5.Dr.Rupini S.

... Petitioners Vs.

1.The State of Tamil Nadu, Rep. by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai - 600 009.

2.Directorate of Medical Education, Rep. by the Director of Medical Education, Kilapuk, Chennai - 600 010.

3.Directorate of Medical and Rural Health Services, Rep. by the Director of Medical Health and Rural Health Services, 4.Directorate of Public Health and Preventive Medicine, 1/6

Rep. by the Director of Public Health and Preventive Medicine, 5.National Medical Commission, Rep. by its Secretary, Pocket 14, Sector - 8, Dwarka Phase I, New Delhi - 110 077.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of 4th respondent contained in its letter dated 12.11.2022 in R.No.3418534/E7/A1/2022 and the consequent letter issued by the second respondent in Ref.No.086787/ME2/1/2022, dated 15.11.2022 and letter in Ref.No.086787/ME2/1/2022, dated 17.11.2022 and to quash the same as arbitrary, unjust, illegal, and ultra vires the Constitution of India and to consequently forbear the respondent Nos.1 to 4 from appointing doctors having Super-specialty and broad specialty (MD/MS) qualification to posts in Public Health Centers, Rural Hospitals, and other hospitals that are not commensurate with their qualifications.

For Petitioners : Mr.Ashwini Vaidialingam For R1 to R4 : Mr.Mr.E.Sundaram, Government Advocate For R5 : Ms.Shubharanjani Ananthi Standing Counsel * * * * *

O R D E R

This Writ Petition is filed to call for the records of 4th respondent 2/6

contained in its letter dated 12.11.2022 in R.No.3418534/E7/A1/2022 and the consequent letter issued by the second respondent in Ref.No.086787/ME2/1/2022, dated 15.11.2022 and letter in Ref.No.086787/ME2/1/2022, dated 17.11.2022 and to quash the same as arbitrary, unjust, illegal, and ultra vires the Constitution of India and to consequently forbear the respondent Nos.1 to 4 from appointing doctors having Super-specialty and broad specialty (MD/MS) qualification to posts in Public Health Centers, Rural Hospitals, and other hospitals that are not commensurate with their qualifications.

2.The learned counsel for the petitioners submits that petitioners have completed the bond service. Hence, the prayer in the writ petition has become infructuous.

3.Recording the submission made by the learned counsel for the petitioners, this Writ Petition stands dismissed as infructuous. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

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13.03.2025 Index : Yes / No Internet : Yes / No Speaking order/Non-speaking order ah To 1.The Principal Secretary, The State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Chennai - 600 009.

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

3.The Director of Medical Health and Rural Health Services, Directorate of Medical and Rural Health Services, 4.The Director of Public Health and Preventive Medicine, Directorate of Public Health and Preventive Medicine, 5.The Secretary, National Medical Commission, Pocket 14, Sector - 8, Dwarka Phase I, New Delhi - 110 077.

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N.MALA, J.

ah 5/6

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