Madras High Court
Unknown vs The Secretary To Government on 1 December, 2022
W.P.No.32042 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.32042 of 2022 &
W.M.P.No.31481 of 2022
1.Ranjith Reddy. V
2.A.Sakthikumaran
3.Deepak Kumar K.S
4.Hemaprithya.M.
5.Gowthamsrinath. V
6.A.Vimal Yesvanth
7.V.V.Vidhya
8.R.I.Shibiyeswanth
9.G.NivethaHarshini
10.Manikumar.M
11.M Sathish Kumar
12.Sathya D
13.Aarthy G K
14.Gokulakrishnan V
15.Karthi A
16.Balaguru J
17.Nagaraj S
1/10
https://www.mhc.tn.gov.in/judis
W.P.No.32042 of 2022
18.Bhuvaneswari S
19.Sukumar S
20.P.Deepa
21.S.Deepak Durai
22.M.Mukesh
23.Dr.K.Thilvagavathi
24.Dr.A.Prabagaran
25.Dr.M.Felix Raj
26.Dr.Jerry V.Rensha ... Petitioners
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 to the petitioners as Asst. Surgeon in the
existing vacancies considering the Covid-19 pandemic duty rendered by the
2/10
https://www.mhc.tn.gov.in/judis
W.P.No.32042 of 2022
petitioners and their eligibility in the Medical Recruitment Board
Examination 2018, 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.Z.20015/43/2021-MEI, within a time limit to be fixed by this Court.
For Petitioner ... Mr.S.Thanka Sivan
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 petitioners
as Assistant Surgeons, considering the Covid-19 duty rendered by them
during all three Covid-19 waves and considering the fact that they have
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,
https://www.mhc.tn.gov.in/judis
W.P.No.32042 of 2022
learned Standing Counsel accepts notice on behalf of the third respondent.
By consent of both the parties, this Writ Petition is taken up for final
disposal at the admission stage itself.
3. Heard Mr.S.Thanka Sivan, learned counsel for the petitioners,
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 petitioners is to direct the respondents to consider the
representation seeking for grant of regular appointment as Assistant
Surgeons.
5. The petitioners contend that they were directed to do Covid-19
duties during the three waves. They also contend that they had earlier
passed the examination conducted by the Medical Recruitment Board in the
https://www.mhc.tn.gov.in/judis
W.P.No.32042 of 2022
year 2018. According to them, they had passed the examination, but were
not selected as Assistant Surgeons pursuant to the Medical Recruitment
Board Examination conducted in the year 2018.
6. The petitioners also rely 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 petitioners for the purpose of
substantiating their claim that having rendered Covid-19 service on all the
three waves as Health Care Professions who had combated the Covid-19
pandemic, their case for appointment as Assistant Surgeons ought to have
been considered as per the aforementioned judgment of the Hon'ble
Supreme Court.
7. According to the petitioners, 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
https://www.mhc.tn.gov.in/judis
W.P.No.32042 of 2022
preference was granted to similarly placed persons, who had done Covid-19
duties during all the three waves. It is further contended by the petitioners
that by the notification dated 03.05.2021, Ministry of Health and Family
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 petitioners contend that having been
completed more than 100 days of Covid-19 related duties, they ought to
have been appointed as Assistant Surgeons.
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 petitioners are not
https://www.mhc.tn.gov.in/judis
W.P.No.32042 of 2022
entitled to be appointed as Assistant Surgeons, as according to them, the
petitioners were appointed only on contract basis and they do not have any
vested right for appointment as Assistant Surgeons. According to them,
having failed to get selected in the year 2018, they cannot now seek for
regular appointment as Assistant Surgeons.
10. The above contention of the learned counsels is disputed by the
learned counsel for the petitioner, who would reiterate that the petitioners
are 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 petitioners' representations seeking for
regular appointment as Assistant Surgeons, are considered on merits and in
accordance with law, within a time frame to be fixed by this Court.
12. The petitioners have given separate representations. However,
this Court is of the considered view that the petitioners will have to give
fresh representations 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 petitioners to
submit fresh representations to the first and second respondents seeking for
https://www.mhc.tn.gov.in/judis
W.P.No.32042 of 2022
grant of regular appointment as Assistant Surgeons, considering the Covid-
19 duty rendered by them during all three Covid-19 waves and their
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 representations, the first and
second respondents shall pass final orders on merits and in accordance with
law, within a period of eight weeks thereafter. The petitioners are 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
nl
Index: Yes/ No
Speaking Order/Non-speaking Order
https://www.mhc.tn.gov.in/judis
W.P.No.32042 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.
https://www.mhc.tn.gov.in/judis
W.P.No.32042 of 2022
ABDUL QUDDHOSE, J.
nl
W.P.No.32042 of 2022
01.12.2022
https://www.mhc.tn.gov.in/judis
