The future promotions of the petitioners would be based on the speciality specific seniority and they would not have further lien on their seniority in Civil Medical List for the purpose of promotion.

1. Writ Petition Nos.26180, 26576, 26585 and 27056 of 2010 have been filed by the respective petitioners serving as Government Medical Officers in the State of Tamil Nadu, seeking for issuance of writs of mandamus to forbear the 3rd respondent-Director of Medical Education, Chennai-10, from conducting any counselling for appointment to the post of Associate Professors and Professors in the Tamil Nadu Medical Services in any discipline based on the Draft Seniority List sent along with the proceedings of the said respondent bearing Reference No.78809/E1/1/10, dated 07.10.2010, sent to all the Deans of Medical Colleges/Medical Superintendents and Director of Upgraded Institutes; and consequently direct the 3rd respondent to await the preparation of the final speciality seniority list comprising the panel of Assistant Professors for promotion to the posts of Associate Professors and Professors for the year 2010-11 and to complete the process of re-fitment of Professors in 1511 posts and Assistant Professors in 1420 posts till date in accordance with G.O. Ms. No.354, dated 23.10.2009, before conducting the aforesaid counselling.

2. Another Writ Petition in W.P. No.27217 of 2010 has been preferred with a prayer for issuance of a writ of mandamus, directing respondent Nos.2 and 3 viz., the Principal Secretary to the Government, Health and Family Welfare Department, Chennai-9, and the Director of Medical Education, Chennai-10, to complete forthwith the process of filling of the existing vacancies of Associate Professors and Professors in all specialities in various Government Medical Colleges in the State as initiated by the 3rd respondent as per his proceedings in Ref. No.78809/E1/1/10, dated 07.10.2010, in accordance with the Medical Council of India Regulations as well as G.O. Ms. No.354 (Health and Family Welfare Department - B2), dated 23.10.2009.

3. To-day, on the cases being posted for filing counter, Mr.G.Sankaran, learned Special Government Pleader appearing for the respondents/State requested this Court for grant of further time enabling the respondents concerned to file counter-affidavit and, for such request, Mrs.Nalini Chidambaram, learned Senior Counsel appearing for the petitioners in the above referred four writ petitions, raised strong objections by stating that if the matters stand adjourned for filing counter, the prayer made would be rendered infructuous since counselling has begun now and it would get completed in the course of this week. So stating, learned Senior Counsel requested this Court to right away take up the matters for disposal. In view of the urgency said to have been involved, this Court, with the consent of all the parties, has taken up the cases and heard the respective counsels appearing on either side at length. The Writ Petitions, which are interrelated and revolving around G.O. Ms. No.354, dated 23.10.2009, are disposed of by this Common Order.

4. For better appreciation, the case of the petitioners is briefly outlined here-under.

The petitioners, after completing their MBBS Course, appeared in the Examinations conducted by the Tamil Nadu Public Service Commission (TNPSC) and, on emerging successful, they were appointed to the posts of Assistant Surgeon in the Tamil Nadu Medical Services. At the time of appointment, the successful candidates in the TNPSC were provided with an entry point number known as Civil Medical List (in short 'CML' Number) based on the marks obtained by them in the TNPSC Examination and other reservations including communal reservation. Subsequently, on completing their PG (Post Graduation) courses in various specialities and super-specialities, the petitioners continued to serve as Assistant Surgeons at various Government Hospitals/Health Centres in the State of Tamil Nadu. After sometime, they were relieved by the Director of Medical Service and posted by the 3rd respondent as Assistant Professors in the respective specialities. As per the MCI (Medical Council