C O M M O N O R D E R

The issue involved in these writ petitions are one and the same and therefore, they are disposed of by this common order. The petitioners, challenging the impugned Notification No.3/MRB/2021 dated 15.11.2021, excluding the petitioners to appear in Special Qualifying Examination [in short “SQE”] and confining the zone of consideration to 788 doctors alone and for a consequential direction to the third respondent to consider the candidature of the petitioners as qualified and permit them to participate in the recruitment process as per the impugned notification, has filed the present writ petitions. For the sake of convenience, the array of parties in W.P.No.220 of 2022 is adopted.

2. Facts leading to the filing of these writ petitions are as under:

2.1. The petitioners are Post Graduate holders, who are offered temporary appointments as Assistant Surgeons in Government Institutions under Non-Service Post Graduates holders category and pursuant to their temporary appointments, they have joined in their respective posts and they are continuing in service in the said posts till date.

2.2. While so, the third respondent had issued the impugned recruitment Notification No.3/MRB/2021 dated 15.11.2021, wherein SQE was sought to be conducted to regularize the services of temporarily appointed Assistant Surgeons in various Government Institutions. However, the eligibility to participate in the said SQE was restricted to 788 temporary doctors alone. The petitioners, who are also similarly placed on par with the said 788 temporary doctors, were excluded without any reasonable classification and challenging the same, the present writ petitions have been filed.

3. The second respondent, namely Director of Public Health and Preventive Medicine has filed a common additional counter affidavit dated

07.07.2022 stating as follows:

3.1. The post of Assistant Surgeon is a entry level post for Medical Officers in Tamil Nadu Medical Service, filled through Medical Services Recruitment Board [in short “MSRB”] by conducting competitive examinations. Periodically the second respondent will furnish the estimate of vacancies to MSRB, based on which MSRB publishes concerned notification, conducts exams and select candidates for appointment as Assistant Surgeon in Tamil Nadu Medical Service.

3.2. Non Service Post Graduates are private candidates who execute bond to serve in Government Medical Institutions for a period of 2 years on completion of their Post Graduate / Super Specialty Course and they are temporarily appointed in Government Medical Institutions in Time Scale of Pay, so as to enable to fulfill their bond obligation and in order to cater to the growing needs of specialties in Government Medical Institutions to give quality health care to the public. The Non Service Post Graduates who have completed their bond period and who wish to continue in Tamil Nadu Medical Service, may appear for MSRB Examinations for selection to the post of Assistant Surgeon regular time scale and Special Qualifying Examination is conducted by MSRB under the instructions of the Government so as to regularize their temporary appointment.

3.3. The Government have issued G.O.Ms.No.571, Health and Family Welfare (B1) Department dated 24.12.2020, in which the Government have directed MSRB to conduct SQE for Medical Officers appointed temporarily in Tamil Nadu Medical Service, who are in service as on the date of issue of the said order i.e., 24.12.2020, so as to appoint them regularly in the Tamil Nadu Medical Services, by following the procedures prescribed in G.O.(D) No.1016, Health and Family Welfare Department dated 28.08.2007 and directed the second respondent to pursue further actions.

3.4. Thereafter, necessary Circular was issued to the Director of Medical Education / Directorate of Medical and Rural Health Services (ESI) / fourth respondent to furnish the number of doctors who have to take the SQE, based on which proposals were sent to Government for n