Madras High CourtWA(MD)/677/2018allowed

The Government Of Tamil Nadu, v. Dr.C.Dhano,

2018-04-18Honourable Mr Justice M.Duraiswamy,Honourable Dr Justice Anita Sumanth3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.A(MD)No.677 of 2018 and C.M.P(MD)No.3825 of 2018

1. The Government of Tamil Nadu, Rep. by its Secretary, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.

2. The Chairman, Medical Services Recruitment Board (MRB), 7th Floor, DMS Buildings, No.359, Anna Salai, Teynampet, Chennai - 600 006.

3. The Special Secretary, Health and Family Welfare Department (L1), Fort St. George, Chennai - 600 009.

4. The Mission Director, State Rural Health Mission and Executive Secretary, State Health Society, Chennai - 600 006.

5. The Director, Department of Public Health and Preventive Medicine, 1st Floor, D.M.S. Buildings, No.359, Anna Salai, Teynampet, Chennai - 600 006.

6. The Deputy Director of Health Services, Vadasery, Nagercoil, Kanyakumari District.

7. The Block Medical Officer, Primary Health Centre, Edaicode, Kanyakumari District.

... Appellants/Respondents

Vs.

C.Dhano ... Respondent/Petitioner Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order, dated 26.11.2014 made in W.P(MD)No.18986 of 2014, on the file of this Court.

Prayer in WP(MD)No.18986/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to reserve a reasonable percentage of post in the recruitment of Dental Surgeon in Tamil Nadu Medical Service for the Dental Surgeons serving in Primary Health Centres or by other means either by allotting some marks for their experience by considering the grievance of the petitioner expressed by him in his representations dated 17.06.2013 and 07.11.2014 within the time stipulated by this Honourable Court.

For Appellants : Mr.T.S.Mohammed Mohideen For Respondent : Mrs.J.Anandhavalli

JUDGMENT

(Judgment of the Court was delivered by M.DURAISWAMY,J.) When the matter is taken up for hearing, the learned counsel appearing for the respondent/writ petitioner submitted that the respondent/writ petitioner is giving up his relief sought for against the appellants/respondents in the Writ Petition. The learned counsel further submitted that the impugned order passed in W.P(MD)No.18986 of 2014 may be set aside and the Writ Appeal may be allowed.

2.In view of the submissions made by the learned counsel appearing for the respondent/writ petitioner, the order, dated 26.11.2014 passed in W.P(MD)No.18986 of 2014 is set aside and the Writ Appeal stands allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar

1. The Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.