Madras High Court
Dr. K. Vengalakshmi vs The Secretary To Government on 2 December, 2022
W.P.No.32609 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.12.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.32609 of 2022
and W.M.P.No.32025 of 2022
1.Dr. K. Vengalakshmi
2.Dr. A. Sakthidharan
3.Dr.C. Karthikeyan
4.Dr. Binija .. 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 Chairman,
Medical Services Recruitment Board (MRB),
7th Floor, DMS Buildings,
358, Anna Salai,
Teynampet, Chennai – 600 006. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of Writ of Mandamus, directing respondent
1/8
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W.P.No.32609 of 2022
authorities to grant regular appointment to the petitioners as Assistant
Surgeon in the existing vacancies considering the Covid-19 pandemic duty
rendered by the 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-ME1, within a time limit to be fixed by this Court.
For Petitioners : Mr.S. Thanka Sivan
For Respondents : Mr.Stalin Abimanyu,
Additional Government Pleader [R1 & R2]
Mr.M. Loganathan,
Standing Counsel [R3]
ORDER
This Writ petition has been filed for a mandamus seeking for a
direction to the respondent authorities to grant regular appointment to the
petitioners as Assistant Surgeons in the existing vacancies, considering the
Covid-19 duty rendered by them and their eligibility in the Medical
Recruitment Board Examination for the year 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-ME1, within a time frame to be
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W.P.No.32609 of 2022
fixed by this Court.
2. Heard Mr.S. Thanka Sivan, learned counsel for the petitioners.
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 3rd respondent. By consent of
both the parties, this Writ Petition is taken up for final disposal at the
admission stage itself.
3. 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.
4. 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
year 2018. According to them, they had passed the examination but were
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W.P.No.32609 of 2022
not selected as Assistant Surgeons pursuant to the Medical Recruitment
Board Examination conducted in the year 2018.
5. 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 observance 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.
6. 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
preference was granted to similarly placed petitioners, who had done Covid-
19 duties during all the three waves. It is further contended by the
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W.P.No.32609 of 2022
petitioners that by the Central Government 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.
7. As observed earlier, this Court cannot grant any positive direction
as sought for in this Writ Petition.
8. The learned Additional Government Pleader appearing for the first
and second respondents and the learned standing counsel for the third
respondent/Board, in unison, submit that the petitioners are not 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
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W.P.No.32609 of 2022
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.
9. The above contention of the learned counsels is disputed by the
learned counsel for the petitioners, who would reiterate that the petitioners
are entitled for being recruited as Assistant Surgeons.
10. This Court is of the considered view that no prejudice will be
caused to the respondents if the petitioners' representation seeking for
regular appointment as Assistant Surgeons, is considered on merits and in
accordance with law, within a time frame to be fixed by this Court.
11. The petitioners have given several representations including the
last representation on 22.11.2022. However, this Court is of the considered
view that the petitioners will have to give a fresh representation to the
respondents to enable them to consider the same on merits and in
accordance with law.
12. For the foregoing reasons, this Court directs the petitioners to
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W.P.No.32609 of 2022
submit a fresh representation to the first and second respondents seeking
for 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 (2) 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 (8) weeks thereafter. The petitioners are
directed to send a copy of the judgment of the Hon'ble Supreme Court dated
30.04.2021in '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.
13. With the aforesaid directions, this Writ Petition is disposed of.
No costs. Connected miscellaneous petition is closed.
02.12.2022
Index: Yes/No
Sni
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W.P.No.32609 of 2022
ABDUL QUDDHOSE,J.
Sni
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 Chairman,
Medical Services Recruitment Board (MRB),
7th Floor, DMS Buildings,
358, Anna Salai,
Teynampet, Chennai – 600 006.
W.P.No.32609 of 2022
02.12.2022
https://www.mhc.tn.gov.in/judis
