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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice C.V. Karthikeyan, J
S. T. Bharath Khannan – Appellant
Versus
State Of Tamil Nadu – Respondent
ORDER :
C.V. Karthikeyan, J.
Both the Writ Petitions have been filed in the nature of a Mandamus seeking directions against the first respondent / the State of Tamil Nadu, represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai, to treat the study period of the petitioners who have either completed or are presently pursuing DNB/Post Diploma DNB Broad Specialty Course or the National Board of Examination in Medical Science (MNBEMS) Diploma Course in Tamil Nadu, Government Medical Colleges and Government Hospitals as continuation of service period and for further directions against the second respondent to pay salary during such study period on par with service doctors pursuing Post Graduate (MD/MS) Courses and or Post Graduate Diploma Courses in Tamil Nadu Government Medical Colleges and to direct the first to fourth respondents to conduct combined counselling for issuing posting orders as per Civil Medical List.
2. Since the issues raised in both the Writ Petitions are the same, namely, recognition of the period of study of the petitioners while pursuing DNB/ Post Diploma BNB Broad Specialty Course or National Board of Examination in Medical
The court ruled that the study period of petitioners pursuing DNB courses should be recognized as continuation of service for notional benefits, emphasizing equal treatment for government servants.
The court held that a trainee's employment during DNB training is permissible if it does not hinder training and is supported by the institution's consent.
The court mandates the prompt consideration of stipend arrears representations, emphasizing the obligation of government authorities to act within a specified timeframe.
The main legal point established in the judgment is the entitlement of DNB trainees to payment of stipend on par with Junior Resident Doctors, as interpreted from the Circular dated 02.04.2019 issued....
The court emphasized that administrative decisions must be reasoned, and the absence of a speaking order invalidates the denial of study leave under the CCS Rules.
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