W.P. No. 7518 of 2015 and M.P. Nos. 1 and 2 of 2015. Case: R. Rajarajan Vs Secretary to Government, Department of Health and Family Welfare and Ors.. High Court of Madras (India)

Case NumberW.P. No. 7518 of 2015 and M.P. Nos. 1 and 2 of 2015
CounselFor Appellant: K.C. Karl Marx, Adv. and For Respondents: V. Jayaprakash Narayanan, Special Government Pleader
JudgesT. S. Sivagnanam, J.
IssueService Law
Judgement DateMarch 20, 2015
CourtHigh Court of Madras (India)

Order:

T. S. Sivagnanam, J.

  1. Heard Mr. K.C. Karl Marx, learned counsel for the petitioner and Mr. Jayaprakash Narayanan, the learned Special Government Pleader appearing for the respondent.

  2. The petitioner has filed this writ petition praying for issuance of writ of mandamus to direct third respondent to award three marks to the petitioner for completing three years of service, pursuant to the order of appointment dated 27.03.2012, in terms of clause 38 of the Prospectus for admission to Post Graduate Degree/Diploma/MCH (Neuro-Surgery) Courses as issued by the third respondent and for a consequential direction to consider the petitioner for selection to the Post Graduate Degree/Diploma Courses for the academic session 2015 - 2016 in MD/MS/M.ch (NS).

  3. The facts which are necessary for the disposal of the writ petition is as follows:

    The petitioner studied medicine in Russian Federation and passed the Foreign Medical Graduate Examination for recognition in India and also underwent Compulsory Rotational Residential Internship - CRRI and registered in the Tamil Nadu Medical Council on 12.01.2010. The petitioner also enrolled his name in the Professional Executive Employment Exchange, Chennai. The Government of Tamil Nadu proposed to fill up 835 vacancies of Assistant surgeons in rural areas, out of which 723 vacancies were to be filled with M.B.B.S candidates and the remaining 112 vacancies are to be filled with Post Graduate candidates in the required specialty. The selection was under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules and the appointments were purely on temporary basis. The petitioner appeared for the counselling and he was selected and he was posted in the Primary Health Centre at Elakurichi. The order of appointment dated 27.03.2012 grants 15 days time to the petitioner to enable him to join the place of posting. The petitioner received the order of appointment, which was sent by post on 31.03.2012. The petitioner is said to have immediately reported for duty at Elakurichi Primary Health Centre on 02.04.2012 and after obtaining the permission of the Deputy Director, Perambalur, joined duty on 04.04.2012. Subsequently, during 2013, Tamil Nadu Public Service Commission held a special qualifying examination to regularize the persons like the petitioner who were appointed on temporary basis under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules. The petitioner appeared for the test and secured 335 marks. The above facts are pertaining to the service career of the petitioner. It is further stated that the first respondent invited application for filling up the Post Graduate Degree and Diploma Courses in Medical Colleges for the academic year 2015-2016. 50% of the total seats in each specialty are exclusively reserved for service candidates. In addition, service...

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