Madras High Court
P.M.Sukala … vs The State Of Tamil Nadu on 1 February, 2023
W.P.No.2317 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2023
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
W.P.No.2317 of 2023
P.M.Sukala … Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Director of Medical Education,
Kilpauk,
Chennai – 600 010.
3.The Secretary,
National Medical Commission,
Pocket – 14, Sector – 8,
Dwarka Phase – 1, New Delhi – 110 077.
4.The Registrar,
The Tamil Nadu Dr.M.G.R. Medical University,
69, Anna Salai Road, Guindy,
Chennai – 600 032. … Respondents
Page No.1 of 8
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W.P.No.2317 of 2023
Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the respondents to consider and
appoint the petitioner as Examiner to conduct Anatomy Practical and Viva
voce University Examination for First Year MBBS students for the current
year and for subsequent years, as Associate Professor in Anatomy, in
consideration of the representation submitted by the petitioner dated
18.02.2020.
For Petitioner : Mr.G.Sankaran,
Senior Counsel for
S.Nedunchezhiyan
For Respondents : Mrs.M.Jayanthi,
Additional Government Pleader
for R1 & R2
Mr.Subaraajaai Anandh,
Standing Counsel
for R 3
Mr.S.Wilson,
Standing Counsel
for R4
ORDER
This writ petition has been filed for the issue of a Writ of Mandamus,
directing the respondents to consider and appoint the petitioner as the
Examiner to conduct Anatomy Practical and Viva-voce for first year
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W.P.No.2317 of 2023
M.B.B.S., students in the University examination for the current year and the
subsequent years.
2.When the writ petition came up for admission on 30.01.2023, this
Court passed the following order:
Mrs.M.Jayanthi, learned Additional Government
Pleader, takes notice for respondents 1 and 2.
2. Mr.Subaranjani Anand, learned Standing Counsel,
takes notice for third respondent.
3. Mr.S.Wilson, learned Standing Counsel, takes
notice for the fourth respondent.
4. The petitioner has done Ph.D. in Anatomy and she
has obtained Doctorate as early as in the year 2013 and the
petitioner also has the requisite teaching experience. The
petitioner has requested the respondents to appoint her as
examiner for the practical examination in the I year MBBS
in Anatomy subject and to conduct Viva voce.
Unfortunately, the name of the petitioner has not been
considered and the practical examination is going to be
conducted across Tamil Nadu between 31.01.2023 and
09.02.2023.
5. Learned Additional Government Pleader
appearing on behalf of the respondents 1 and 2 sought for
sometime to take instructions in this case.
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W.P.No.2317 of 2023
Post this case at the end of the motion list on
01.02.2023.
3.Pursuant to the above order, the matter was taken up for hearing
today and the fourth respondent has filed a counter affidavit. The relevant
portions in the counter affidavit are extracted hereunder:
“5. I specifically deny the averments made in paragraphs 9
to 14 of the affidavit of the deponent. I state the Dr.P.M.Sukala is
currently working as Non-Medical Associate Professor of Anatomy
at Government Erode Medical College, Erode as per the
University records. Her name is included in the list of faculty
eligible for examinership in the speciality of Anatomy.
6. I state that the relevant provision for appointment of the
Examiners for MBBs as per Regulation on Graduate Medical
Education (Amendment), 2019 is extracted hereunder:-
“In case of non-availability of Medical teachers, approved
teachers without medical degree (engaged in the teaching of
MBBS student has whole-time teachers in a recognized Medical
College), may be appointed examiners in their concerned
subjects provided they possess requisite doctorate qualification
and four years teaching experience (as assistant professors) of
MBBS student.
Provided further that the 50% of the examiners (Internal
and External) are from the medical qualification stream.”
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W.P.No.2317 of 2023
7. I state that the petitioner is requesting for examinership
for February 2023 Session for which the board of examiners has
already been approved by University Authorities on 08.12.2022.
Therefore, the request of the petitioner will be considered in future
examination, if in case there is a non-availability of Medical
teachers as per the above provision.”
4.The learned Standing counsel appearing on behalf of the 4 th
respondent submitted that the name of the petitioner has already been
included in the list of faculty eligible for being considered for appointment as
Examiner in the specialty of Anatomy. It was further submitted that the
petitioner will be given this opportunity in the forthcoming examinations.
5.The learned Senior Counsel appearing on behalf of the petitioner
expressed some apprehension with regard to the evasive nature of the
averments made in the counter affidavit. The learned Senior Counsel
submitted that the petitioner is working as an Associate Professor and
Assistant Professors in the subject of Anatomy are being appointed as
Examiners and therefore, the petitioner cannot be deprived or denied of being
appointed as an Examiner. The learned Senior Counsel wanted this Court to
make this position clear so that there is no ambiguity when considering and
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W.P.No.2317 of 2023
appointing the petitioner during the future examinations.
6.In the considered view of this Court, the qualification of the petitioner
has been considered and her name has already been included in the list of
faculties to be considered for appointment in future examinations Obviously,
the qualification of the petitioner and also the fact that she is an Associate
Professor in Anatomy will be given due preference. The said exercise will be
done in line with the 2019 Regulations.
7.This shall be kept in mind while choosing the Examiner for the future
examinations.
8.This writ petition is disposed of in the above terms. No costs.
01.02.2023
vm/kp
Index : Yes/No
Speaking Order : Yes/No
Neutral Judgment : Yes/No
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W.P.No.2317 of 2023
To:
1.The Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Director of Medical Education,
Kilpauk,
Chennai – 600 010.
3.The Secretary,
National Medical Commission,
Pocket – 14, Sector – 8,
Dwarka Phase – 1, New Delhi – 110 077.
4.The Registrar,
The Tamil Nadu Dr.M.G.R. Medical University,
69, Anna Salai Road, Guindy,
Chennai – 600 032.
https://www.mhc.tn.gov.in/judis
W.P.No.2317 of 2023
N.ANAND VENKATESH,J.
vm/KP
W.P.No.2317 of 2023
01.02.2023
https://www.mhc.tn.gov.in/judis
