Madras High Court
Dr.R. Venkattaraman vs The Secretary To Government on 9 November, 2022
W.P.No.29774 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.11.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.29774 of 2022
and W.M.P.Nos.29167 & 29168 of 2022
1.Dr.R. Venkattaraman
2.Dr.T. Aruvi
3.Dr.S. Bindhuraj
4.Dr.B. Vishan
5.Dr.S. Arun
6.Dr.Vinoth
7.Dr.R. Ramachandran
8.Dr.S. Pushkaran
9.Dr.Rajamurugan
10.Dr.P.S. Karthikeyan
11.Dr.W. Bernal Sam Roy .. Petitioners
Vs.
1.The Secretary to Government,
Health and 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,
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W.P.No.29774 of 2022
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 the respondent
authorities to grant regular appointment as Assistant Surgeon considering the
Covid-19 duty rendered by the petitioners in all three Covid-19 waves and
their eligibility in the Medical Recruitment Board Examination 2018, in the
existing vacancies 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 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.
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W.P.No.29774 of 2022
2. Heard the 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 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
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W.P.No.29774 of 2022
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 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
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W.P.No.29774 of 2022
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 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
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W.P.No.29774 of 2022
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 26.10.2022. 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 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
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W.P.No.29774 of 2022
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 petitions are closed.
09.11.2022
Speaking/Non-speaking order
Index: Yes/No
Internet: Yes/No
Sni
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W.P.No.29774 of 2022
ABDUL QUDDHOSE,J.
Sni
To
1.The Secretary to Government,
Health and 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.29774 of 2022
09.11.2022
https://www.mhc.tn.gov.in/judis
