Madras High Court
Dr.A.Padmapriyadharshini vs The Secretary To Government on 1 December, 2022
W.P.No.32085 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.32085 of 2022 &
W.M.P.No.31512 of 2022
Dr.A.Padmapriyadharshini ... Petitioner
Vs
1.The Secretary to Government,
Health & Family Welfare Department,
Fort St. George, Chennai - 600 009
2.The Director of Public Health and Preventive Medicines,
DMS Buildings,
Teynampet, Chennai - 600 006.
3.The Secretary,
Medical Services Recruitment Board (MRB),
7th Floor, DMS Buildings,
358, Anna Salai,
Teynampet, Chennai - 600 006. ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India praying
for the issuance of a Writ of Mandamus directing the respondent authorities
to grant regular appointment as Asst. Surgeon in the existing vacancies
considering the Covid-19 pandemic duty rendered by the petitioner and the
eligibility in the Medical Recruitment Board Examination 2018, in the
1/9
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W.P.No.32085 of 2022
existing vacancies by following the order dated 30.04.2021 passed by the
Hon'ble Supreme Court of India in Suo Motu W.P.No.3 of 2021 and the
Central Government Notification dated 03.05.2021 Ref File
No.2.20015/43/2021-MEI, within a time limit to be fixed by this Court.
For Petitioner ... Mr.K.J.Sivakumar
For Respondents 1 & 2 ... Mr.Stalin Abimanyu,
Additional Government Pleader
For Respondent 3 ... Mr.M.Loganathan
Standing Counsel
ORDER
This Writ petition has been filed for a mandamus seeking for a
direction to the respondents to grant regular appointment to the petitioner as
Assistant Surgeon, considering the Covid-19 duty rendered by her during
all three Covid-19 waves and considering the fact that she has already
passed the Medical Recruitment Board Examination for the year 2018,
within a time frame to be fixed by this Court.
2. Mr.Stalin Abimanyu, learned Additional Government Pleader
accepts notice on behalf of the respondents 1 & 2 and Mr.M.Loganathan,
learned Standing Counsel accepts notice on behalf of the third respondent.
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W.P.No.32085 of 2022
By consent of both the parties, this Writ Petition is taken up for final
disposal at the admission stage itself.
3. Heard Mr.K.J.Sivakumar, learned counsel for the petitioner,
Mr.Stalin Abimanyu, learned Additional Government Pleader, appearing for
the respondents 1 & 2 and Mr.M. Loganathan, learned standing counsel
appearing for the third respondent.
4. The question of issuing a positive direction as sought for in this
writ petition, will not arise at this stage. The only limited relief that can be
granted to the petitioner is to direct the respondents to consider the
representation seeking for grant of regular appointment as Assistant
Surgeon.
5. The petitioner contends that she was directed to do Covid-19
duties during the three waves. She also contend that she had earlier passed
the examination conducted by the Medical Recruitment Board in the year
2018. According to her, she had passed the examination, but was not
selected as Assistant Surgeon pursuant to the Medical Recruitment Board
Examination conducted in the year 2018.
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W.P.No.32085 of 2022
6. The petitioner also relies upon a judgment of the Hon'ble
Supreme Court in 'Suo Motu Writ Petition (Civil) No.3 of 2021' in 'In
Re: Distribution of Essential Supplies and Services During Pandemic'. In
particular, the observation made by the Hon'ble Supreme Court in
paragraphs 66 & 67, is relied upon by the petitioner for the purpose of
substantiating her claim that having rendered Covid-19 service on all the
three waves as Health Care Professions who had combated the Covid-19
pandemic, her case for appointment as Assistant Surgeon ought to have
been considered as per the aforementioned judgment of the Hon'ble
Supreme Court.
7. According to the petitioner, though the order was passed by the
Hon'ble Supreme Court on 30.04.2021, the said order was ignored in the
subsequent notification issued by the Medical Recruitment Board and no
preference was granted to similarly placed persons, who had done Covid-19
duties during all the three waves. It is further contended by the petitioner
that by the notification dated 03.05.2021, Ministry of Health and Family
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W.P.No.32085 of 2022
Welfare, MEP Section, Government of India in Clause 17 therein, has
recommended to the State/UT Governments to consider giving preference
in regular Government appointments of Health professionals through the
respective Public Service Commission/other recruitment bodies, for those
Health Professionals under this special scheme, who complete a minimum
of 100 days of Covid related duty. The petitioner contends that having
completed more than 100 days of Covid-19 related duties, she ought to
have been appointed as Assistant Surgeon.
8. As observed earlier, this Court cannot grant any positive direction
as sought for in this writ petition.
9. The learned Additional Government Pleader appearing for the first
and second respondents and the learned standing counsel appearing for the
third respondent/Board, in unison, submit that the petitioner is not entitled
to be appointed as Assistant Surgeon, as according to them, the petitioner
was appointed only on contract basis and she do not have any vested right
for appointment as Assistant Surgeon. According to them, having failed to
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W.P.No.32085 of 2022
get selected in the year 2018, she cannot now seek for regular appointment
as Assistant Surgeon.
10. The above contention of the learned counsels is disputed by the
learned counsel for the petitioner, who would reiterate that the petitioner is
entitled for being recruited as Assistant Surgeon.
11. This Court is of the considered view that no prejudice would be
caused to the respondents, if the petitioner's representation seeking for
regular appointment as Assistant Surgeon, is considered on merits and in
accordance with law, within a time frame to be fixed by this Court.
12. The petitioner has given a representation on 26.11.2022.
However, this Court is of the considered view that the petitioner will have
to give a fresh representation to the respondents to enable them to consider
the same on merits and in accordance with law.
13. For the foregoing reasons, this Court directs the petitioner to
submit a fresh representation to the first and second respondents seeking for
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W.P.No.32085 of 2022
grant of regular appointment as Assistant Surgeon, considering the Covid-
19 duty rendered by her during all three Covid-19 waves and her eligibility
in the Medical Recruitment Board Examination 2018, in the existing
vacancy, within a period of two weeks from the date of receipt of a copy of
this order. On receipt of the said representation, the first and second
respondents shall pass final orders on merits and in accordance with law,
within a period of eight weeks thereafter. The petitioner is directed to send a
copy of the judgment of the Hon'ble Supreme Court dated 30.04.2021
passed in 'Suo Motu Writ Petition (Civil) No.3 of 2021' in 'In Re:
Distribution of Essential Supplies and Services During Pandemic' and the
Central Government notification dated 03.05.2021, for the respondents'
consideration.
14. With the aforesaid directions, this Writ Petition is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
01.12.2022
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Index: Yes/ No
Speaking Order/Non-speaking Order
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W.P.No.32085 of 2022
To
1.The Secretary to Government,
Health & Family Welfare Department,
Fort St. George, Chennai - 600 009
2.The Director of Public Health and Preventive Medicines,
DMS Buildings,
Teynampet, Chennai - 600 006.
3.The Secretary,
Medical Services Recruitment Board (MRB),
7th Floor, DMS Buildings,
358, Anna Salai,
Teynampet, Chennai - 600 006.
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W.P.No.32085 of 2022
ABDUL QUDDHOSE, J.
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W.P.No.32085 of 2022
01.12.2022
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