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.

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 Sciences (NBEMS) Diploma Course in Tamil Nadu Government Medical Colleges and Government Hospital as continuation of service period and for payment of salary for such period, a common order is passed. The petitioners also seek that combined counselling as per Civil Medical list must be held while issuing posting orders.

3. The only difference in the status between the petitioners in the two Writ Petitions is that the writ petitioners in W.P.No. 24796 of 2024 had completed or are pursuing DNB/Post Diploma DNB Broad Specialty courses, while the petitioners in W.P.No. 24792 of 2024 had completed or are pursuing National Board Examination in Medical Sciences (NBEMS) Diploma Courses.

4. Let me take as an illustration the affidavit filed in support of W.P.No. 24796 of 2024.

5. In the affidavit, it had been contended that the writ petitioners have completed or are pursuing DNB /Post Diploma DNB Broad Specialty Courses in Tamil Nadu Government Medical Colleges at Government Hospitals. They had been appointed as Assistant Surgeons in Tamil Nadu Medical Services after completing their MBBS. They have cleared the National Eligibility cum Entrance Test or the Diplomate of National Board and Post Diploma centralised Entrance Test (DNB-CET) and participated in online merit based counselling and had chosen the Diplomate of National Board / Post Diploma Diplomate of National Board Programme in various Tamil Nadu Government Medical Colleges and Government Hospitals. They had also put in reasonable period of service in Tamil Nadu Medical Services. They had joined the DNB Course with the belief that their entire study period would be treated as continuation of service and that they would be paid salary during the study period. Similarly placed candidates, who are pursuing MD/MS courses had the benefit of their study period being treated as continuation of service and of salary being paid. But however, the petitioners were denied the payment of salary and it was also held out that the study period would not be treated as continuation of service.

6. It had been contended that the courses which they are pursuing are recognised and they are also serving as Doctors in Government Medical Colleges and Government Hospitals even during their study period. It is under those circumstances, since representations given were of no avail, the Writ Petitions had been filed.

7. The petitioners in W.P.No. 24792 of 2024 are also Assistant Surgeons in Tamil Nadu Medical Services and during the online merit based counselling, they had chosen the National Board of examination in Medical Science (NBEMS) Diploma programme in various Tamil Nadu Government Medical Colleges and Hospitals. They have also been denied salary and continuity in service during the study period. Representations given by the