Candidates should not be denied promotions due to delays not attributable to them, especially when they meet the necessary qualifications at the time of panel preparation.

JUDGMENT :

R.SUBRAMANIAN, J.

Challenge in all these Writ Appeals is to the common order passed by the learned Single Judge in several Writ Petitions filed by the 1^st respondent in all these Writ Appeals.

2. The Writ Petitions came to be filed seeking a prayer for Mandamus directing the Government to include the petitioners in the Writ Petitions in the panel for the year 2024-2025 for promotion to the post of Deans in various Medical Colleges, which comes under the common pool based on the Civil Medical List (CML) seniority, without reference to the date of joining in the post of Professor.

3. In some of the Writ Petitions challenge was to the Government Order in G.O.(D).No.1044, Health and Family Welfare (A1) Department dated 03.10.2024 issued by the Government promoting the respondents 4 to 17 in W.P.No.31048 of 2024 and respondents 3 to 16 in W.P.No.31335 of 2024.

The necessity for the Writ Petitions arose in the following backdrop:-

4. The promotion opportunities for Government Doctors in the services of the Health Department are as follows:

The lowest post is that of a Civil Assistant Surgeon and the next promotional post from the post of Civil Assistant Surgeon is the Associate Professor. The Associate Professor who has put in 3 years of service with four publications is entitled to get promoted as a Professor. A Professor who completes 5 years of service is entitled to be considered for promotion as a Dean of the Medical College Hospital.

5. It is not in dispute that the 1^st respondent in all these Writ Appeals had been promoted as Associate Professors and they had the required qualification for being promoted as Professors. By G.O.(4D)No.2 dated 15.02.2019, the Director of Medical Education sanctioned posts of Professors and directed conduct of counselling. It is to be noted that this counselling was done after 7 years and the immediate prior counselling for promotion to the post of Professor was done in the year 2012. When the counselling was notified in February 2019, certain Writ Petitions were filed before Madurai Bench of this Court challenging the said counselling by persons belonging to 11 Disciplines/ Departments. It is averred that there was an oral order of stay granted by the Court in respect of those Departments, promotions in which were subject matter of Writ Petitions.

6. While the Associate Professors in other Departments were promoted pursuant to the counselling held in February 2019, the Associate Professors in at least 11 Disciplines were not promoted, despite the fact that counselling was held. Though the Writ Petitions were disposed of by March 2019, since the model code of conduct came into force from 11.03.2019, the Associate Professors belonging to these 11 specialities were not favoured with an order of promotion. After the model code of conduct was lifted, the 1^st respondent in all these Writ Appeals were promoted on 30.09.2019 vide G.O.(D)No.1485 dated 30.09.2019 and those persons assumed office as Professors on 01.10.2019. Except for the Department of Obstetrics and Gynaecology where promotions were made in May 2019.

7. The dispute arose when the counselling was held for promotion of Professors as Deans of Medical Colleges in the year 2024. Though the 1^st respondent in all these appeals w