N.K.Jayanthi, v. The State Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2022

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P(MD).Nos.10019 and 10020 of 2021 Dr.N.K.Jayanthi ...Appellant Vs.

1.The State of Tamil Nadu, Rep.by the Director, Department of Indian Medicine and Homoeopathy, Chennai-600 106.

2.The Joint Director, Department of Indian Medicine and Homoeopathy, Chennai-600 106.

3.The District Siddha Medical Officer, Dindigul.

4.The Principal, Government Homoeopathic Medical College and Hospital, Thirumangalam, Madurai. ... Respondents 1/5

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent against the order passed in W.P(MD).No.20225 of 2021 dated 12.11.2021. For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mr.T.Amjad Khan Government Advocate for RR1 to 4

JUDGMENT

(Judgment of the Court was delivered by S.S.SUNDAR, J.) This Writ Appeal is directed against the order passed in W.P(MD).No.20225 of 2021 by this Court, on 12.11.2021.

2. In the writ petition filed by the petitioner for issuance of a Writ of Mandamus directing the respondents 1 and 2, more particularly, the third respondent to permit the petitioner to participate in the Indian Medicine and Homeopathy Department Transfer Counselling for Assistant Medical Officers (Siddha, Ayurveda, Unani, Homeopathy, Yoga & Naturopathy) Scheduled on 08.11.2021, 09.11.2021 & 10.11.2021, as per the proceedings of the 1st respondent in Ref.No.1711/E1/2/2021 dated 02.11.2021, the learned Single Judge of this Court has passed the 2/5

following order:

"5. Considering the submissions made on both sides, this Court is of the opinion that if, in case, anybody is willing to accept the post existing in Dindigul, there is no impediment for the respondent to permit the petitioner to participate in the transfer counselling. Hence, the respondent shall consider the case of this petitioner, if anybody is willing to accept the post existing in Dindigul, at the time of recruitment, pursuant to the notification for direct recruitment, dated 26.10.2021."

3. Aggrieved by the same, this Writ Appeal has been preferred by the appellant.

4. This Court, on 25.08.2022, has directed the learned Government Advocate appearing for the respondents 1 to 4 to get instructions as to whether the grievance of the appellant can be redressed by giving an opportunity to participate in the counselling after notifying the post in Dindigul as vacant. It is now reported before this Court by the learned Government Advocate appearing for the respondents 1 to 4 that the petitioner was allowed to participate in the counselling and the petitioner has now opted to go to Thirumangalam.

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5. Recording the submission made by the learned Additional Government Pleader appearing for the respondents, this Writ Appeal stands closed. No costs. Connected miscellaneous petitions are closed. [S.S.S.R., J.] [S.S.Y., J.] 02.09.2022 Index :Yes/No Internet :Yes ssb To 1.The State of Tamil Nadu, Rep.by the Director, Department of Indian Medicine and Homoeopathy, Chennai-600 106.

2.The Joint Director, Department of Indian Medicine and Homoeopathy, Chennai-600 106.

3.The District Siddha Medical Officer, Dindigul.

4.The Principal, Government Homoeopathic Medical College and Hospital, Thirumangalam, Madurai.

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S.S.SUNDAR, J.

AND S.SRIMATHY, J.

ssb JUDGMENT MADE IN 02.09.2022 5/5