The court held that cumulative administrative experience from various roles qualifies for meeting the one-year requirement for the post of Dean, rejecting hyper-technical interpretations.

ORDER :

This writ petition has been filed challenging the two proceedings of the first respondent in G.O.(D) No.1037 dated 01.10.2024 in so far as not including the name of the petitioner in the panel to the post of Dean in the Government Medical Colleges for the year 2024-25 is concerned and the consequential order dated 17.2.2025 and for a direction to the respondents to include the name of the petitioner in the panel to the post of Dean in the Government Medical Colleges for the year 2024-25.

2. Heard the learned counsel for the petitioner and the learned Special Counsel appearing for the respondents.

3. When the matter came up for hearing on 29.10.2024, this Court passed the following order :

"The main ground on which the petitioner was not considered for promotion to the post of Dean is that the petitioner did not have the administrative experience of one year prescribed in G.O.Ms.No.238, dated 23.07.2004.

2. The learned counsel for the petitioner brought to the notice of this Court paragraph No.3 of the affidavit filed in support of the writ petition, where the petitioner has explained the posts held by her which perfectly fulfills the one year administrative experience as provided in the Government Order.

3. In the counter affidavit filed by the 2nd respondent, paragraph No.3 of the affidavit filed in support of the writ petition has been denied / controverted at paragraph No.5 of the counter affidavit, which is as follows:

'5. It is submitted respectfully that as per the conditions stipulated in the special rules mentioned in para-3 above, among others, the petitioner should have Administrative Experience for a period of not less than one year either separately or combined in any of the posts in Tamil Nadu Medical Service as indicated in para 3(a) to (i) above under the heading of Administrative Experience for appointment to the post of Dean in Government Medical College and Hospitals. But, the petitioner had served as Chief Warden at Madras Medical College, Chennai only for a period of 09 months and 19 days i.e. from 21.08.2020 to 08.06.2021 not for a period of 10 months and 6 days as stated by the petitioner in para-3 of the affidavit. Further, the another two posts namely Director in charge and Deputy Warden said to have been assumed by the petitioner as Administrative post from 01.05.2020 to 18.08.2020 & 01.08.2011 to 31.07.2013 respectively, in para-3 of the Affidavit, are not included in the Special Rules indicated in (a) to (i) of para-3 under the heading of Administrative Experience. Hence, the period of services rendered by the petitioner in the said posts cannot be considered as Administrative Experience for inclusion of her name in the panel for the post of Dean in Tamil Nadu Medical Services. As one post of Director and Professor has already been sanctioned to the Department of Community Medicine attached to Madras Medical College, Chennai and Dr.K.C.Seran, who is officially holding the said post from 05.07.2023 to till now as Head of the Department, the statement of the petitioner that she assumed the HOD of Community Medicine from 05.07.2023 till 15.03.2024 is not correct and also not acceptable. On perusal of the available records it is found that no such order was issued to her by the appropriate authorities.'

4. The stand that has been taken in the counter affidavit is that the petitioner has served as Chief Warden at Madras Medical College only for 9 months and 19 days from 21.08.2020 to 08.06.2021. Apart from this experience, the petitioner does not possess any other administrative experience as is required in the relevant Government Order.

5. The bone of contention pertains to the petitioner holding the position of Head of the Department of Community Medicine for the period from 05.07.2023 till date. In paragraph No.3 of the counter affidavit, the 2nd respondent has denied the fact that the petitioner is functioning as Head of the Department of Community Medicine. Some clarification is required in this regar