The central legal point established in the judgment is the requirement to consider a petitioner's necessary qualification and unjustified posting when making fitment transfer and posting orders.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order issue in Ref.No.4053/E3/4/2019 dated 04.11.2019 and the subsequent impugned fitment transfer and posting order in Ref.No.4053/E3/4/2019 dated 15.11.2019 issued by the 2nd respondent as well as the consequential relieving order in Ref.No.15681/E2/2019 dated .11.2019 (served on 21.11.2019) issued by the 3rd respondent and to quash the same in so far as the petitioner and the 4th respondent concerned and consequently directing the respondents 1 and 3 to give posting order to the petitioner to the post of Tutor in ENT speciality, Chengalpattu Medical College.)

1. The petitioner challenges an order dated 04.11.2019 and subsequent fitment transfer and posting order dated 15.11.2019 and the relieving order dated Nil November 2019 and to consequently direct the respondents 1 to 3 to give posting to the petitioner to the post of Tutor in ENT Speciality, Chengalpet Medical College.

2. The case of the petitioner is that he completed his MBBS and P.G.Diploma in ENT. He was appointed as Assistant Surgeon in the Tamil Nadu Medical Service on 01.03.2007. Subsequently, he was given posting as a Tutor/Assistant Professor of Forensic Medicine in Chengalpet Medical Colleged on 01.10.2010. While he was in service, he pursued his P.G Medical course and based on his post P.G, in counselling he was posted as Tutor/Assistant Professor of Community Medicine at Chengalpet Medical College on 20.06.2018. In the meantime, G.O.No.(4D)No.2 dated 15.02.2019 was issued seeking to streamline teaching posts sanctioned in Government Medical Colleges and Hospitals under the control of Director of Medical Education in accordance with norms of MCA and Patient Care departments. Following the same, notification for transfer counselling dated 24.05.2019 came to be issued which has been challenged by the Writ Petitioner. This Court, pending a Writ Petition in W.P.No.15215 etc., (batch) passed orders on 19.07.2019 and again on 31.07.2019, constituting a committee, with directions to receive objections/suggestions from all stake holders/doctors/ associations with regard to promotion, postings, transfer and to formulate draft guidelines and submit the same before this Court. Such a report came to be submitted on 07.08.2019 and this Court passed final orders in a batch of Writ Petitions on 14.08.2019.

3. It is the grievance of the petitioner that contrary to the order of this Court dated 14.08.2019, the petitioner being fully qualified to the Post Graduate Diploma in ENT was given a posting in Department of Pathology which is a totally different department and not concerning his specialisation. Moreover, the 4th respondent has been accommodated in the post of Senior Resident in the ENT department despite being far junior to the petitioner, which is also in violation of the orders passed by this Court.

4. The 1st and 2nd respondents have filed a counter stating that after being posted as Tutor in Community medicine, the petitioner has not worked in the ENT department for 4 years and since there are M.D qualified Doctors, the petitioner was shifted to Pathology department. It is also stated that the petitioner would be accommodated in Community Medicine department if he passed M.D in Community Medicine and subject to vacancy arising. In so far as the appointment of the 4th respondent, as she has DLO qualification only, she was fir to be posted as Senior Resident in ENT at the Government Chengalpet Medical College based on her qualification. The Writ Petition was therefore liable to be dismissed. 4. Heard Mr.G.Sankaran,learned Senior counsel for Mr.S.Nedunchezhiyan, learned counsel for the petitioner and Mr.D.Gopal, learned Government Advocate for the respondents.

5. Learned Senior counsel would take this Court through the order of the learned single Judge dated 14.08.2019 in the batch of Writ