Hari Vignesh R. vs State of Tamil Nadu Rep. By its Principal Secretary Health and Family Welfare Departments

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 472

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Anand Venkatesh, J.
Dr. Sri Hari Vignesh R. - Petitioner
Versus
The State of Tamil Nadu Rep. By its Principal Secretary Health and Family Welfare Departments and ors. – Respondents
W.P.Nos. 1571, 1574, 1774, 1588, 1575, 1576, 1577, 1578, 1579, 1580, 1581, 1582, 1584, 1585, 1587, 1589, 1591, 1592 and 1594 of 2023 and WWP Nos.1663, 1665, 1671, 1673, 1887, 1888, 1696, 1697, 1672, 1674, 1676, 1680, 1679, 1681, 1675, 1677, 1678, 1682, 1683, 1684, 1685, 1686, 1687, 1689, 1688, 1691, 1690, 1692, 169 3, 1695, 1698, 1699, 1700, 1701, 1703, 1706, 1702 and 1705 of 2023
Decided On : 06-02-2023

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Suhrith Parthasarathy
For the Respondent: Mr. Stalin Abhimanyu, Additional Government Pleader, Ms. Subaranjani Ananth, Central Government Standing Counsel

Headnote:
Constitution of India, 1949 – Article, 226 – Power of High Court to issue Certain Writs – Affidavit – Health and Preventive Medicine – Petitioners in all these writ petitions are doctors who have completed their post-graduation in various specialities and they have knocked doors of this Court questioning appointment/posting orders – Held, Court should be more focused on rendering their services to poor people and helping Government and Medical Department to upgrade available facilities attitude with which doctors are expected to render their services – PG doctors cannot be heard to say that they will work only if all facilities are available not Gods waste their time in litigation – Court does not find any ground to interfere with appointment posting order issued by Director of Public Health and Preventive Medicine – Writ petitions stand dismissed.

ORDER :

The petitioners in all these writ petitions are doctors, who have completed their post-graduation in various specialities and they have knocked the doors of this Court questioning the appointment/posting orders issued by the Director of Public Health and Preventive Medicine, all dated 27.12.2022.

2. When these writ petitions came up for admission on 23.01.2023, the following order was passed by this Court:

The main grievance that has been expressed by the petitioners in all these writ petitions is that they have completed their post graduation and they are expected to render their compulsory service for the period under taken in the bond. There was an earlier round of litigation and in WP No.31089 of 2022, this Court made it very clear that insofar as those PG doctors whose services are to be utilised, the same must be commensurate with their qualification either in the Head Quarters hospital or in the hospitals attached with the medical college in the State of Tamil Nadu or in any other hospital where such kind of service is required and therefore, according to the petitioners, the type of work that is going to be allotted to the PG doctors must commensurate with the qualification and specialisation which they have achieved after undergoing the post graduation. The grievance of the petitioners is that they have all been en masse sent to various primary health centres across the Tamil Nadu. Hence, according to the petitioners such a decision taken by the respondents runs against the submission made before this Court and the directions issued by this Court. The learned counsel for petitioner has also relied upon various other judgements in order to substantiate this stand taken by the petitioner.

2. Mr.Stalin Abhimanu, learned Additional Government Pleader seeks time to take instructions. Post these cases under the same caption on 25.01.2023.

3. The Director of Public Health and Preventive Medicine, has filed a common counter affidavit in all these writ petitions. The particulars of the appointment/posting order given to the petitioners has been tabulated and for proper understanding, the same is extracted here under:

Sl.	Name of the Institution	Name of the Candidate	Name of the PG Course & Completed Academic Year	W.P. No	Name of the Opted Primary Health Centre	Name of the Attached Upgraded Primary Health Centre	Name of the Health Unit District
1.	Madras Medical College, Chennai	Dr.Sri Hari Vignesh R	MD Anesthesiology 2021	1571/2023	Sokkanur Additional PHC	Nallathipalla yam Upgraded PHC	Coimbatore
2.	Madras Medical College, Chennai	Dr.Leena S	MS Ophthalmology 2021	1576/2023	Chettipalayam Additional PHC	Arisipalayam Upgraded PHC	Coimbatore
3.	Thanjavur Medical College, Thanjavur	Dr.Sruthi. S	MS Ophthalmology 2021	1588/2023	Periyakayapak kam Additional PHC	Idaikazhiinaadu Upgraded PHC	Chengalpet
4.	Madurai Medical College	Dr.E. Dheenadh ayalan	MS (Ortho) 2022	1574/2023	Puduchatiram Upgraded PHC	Puduchatiram Upgraded PHC	Cuddalore
5.	Chengalpattu Medical College, Chengalpattu	Dr.A. Shobana Priya	MS Ophthalmology 2022	1575/2023	Attupakkam Additional PHC	Punnai Upgraded]PHC	Ranipet
6.	Coimbatore Medical College, Coimbatore	Dr. J. Gowthami	MC Microbiology 2022	1577/2023	Malayampalayam Additional PHC	Nambiyur Upgraded PHC	Erode
7.	Thanjavur Medical College, Thanjavur	Dr.K. Raghuman	MS Ophthalmology 2022	1578/2023	Ammur Additional PHC	Lalapet Upgraded PHC	Ranipet
8.	Thanjavur Medical College Thanjavur	Dr.M.Sudan	MS Ophthalmology 2022	1579/2023	Muthur Upgraded PHC	Muthur Upgraded PHC	Tiruppur
9.	Stanley Medical College, Chennai	Dr.G. Thiruvaranga prasath	MD Anesthesiology 2022	1580/2023	Thellar Upgraded PHC	Thellar Upgraded PHC	Cheyyar
10.