Back
2023 Supreme(Online)(Mad) 48022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, J
Dr.Sri Hari Vignesh R. – Appellant
Versus
The State of Tamil Nadu – Respondent
W.P.Nos.1571, 1574, 1774, 1588, 1575, 1576, 1577, 1578,1579,1580,1581,1582,1584,1585,1587,1589,1591,1592 and 1594 of 2023 | WWP Nos.1663,1665,1671,1673,1887, 1888, 1696, 1697,1672,1674,1676,1680,1679,1681,1675,1677, 1678,1682,1683,1684,1685,1686,1687,1689,1688,1691,1690,1692,1693,1695,1698,1699,1700,1701,1703,1706,1702 and 1705 of 2023
For the Appellants/Petitioners: Mr.Suhrith Parthasarathy
For the Respondents: Mr.Stalin Abhimanyu, Ms.Subaranjani Ananth
Post-graduate doctors are obligated to serve in specified healthcare roles despite facility limitations, emphasizing the public interest and bond commitments established in prior agreements.
Headnote:(A) Constitution of India - Article 226 - Writ of Certiorari - Appointment orders challenged by post-graduate doctors regarding postings to primary health centres - Court emphasizes necessity for appointment matching qualifications and specializations - Previous litigation established obligations for service at appropriate health facilities - State's intent to utilize doctors' services for public welfare acknowledged. (Paras 1, 2, 9, 10, 14, 18)
(B) Legal Duty - PG doctors must adhere to bond commitments and serve populations in need, even in less equipped facilities, as part of their training and societal obligation - Court found no justifiable grounds to reverse the posting orders. (Paras 15, 18, 21)
Facts of the case:
Petitioners, post-graduate doctors, contested appointment orders that assigned them to primary health centres across Tamil Nadu, asserting their roles should match their specializations and qualifications, and noted previous judgments confirming this expectation.
Findings of Court:
The court acknowledged the importance of using PG doctors for public health while upholding bond obligations they accepted. It rejected arguments for prioritizing specialization over service requirements in rural health care.
Issues: The primary legal questions were whether PG doctors' postings were appropriate given their qualifications and the implications of bond commitments for service.
Ratio Decidendi: The court concluded doctors must fulfill their bond obligations and that public service in various capacities is essential for their professional development, reinforcing the state's responsibility towards healthcare delivery.
Result: Writ petitions dismissed. Petitioners directed to report for duty.
| Table of Content |
|---|
| 1. petitioners are pg doctors questioning posting orders. (Para 1) |
| 2. petitioners claim postings are not qualified. (Para 2) |
| 3. counter affidavit presents appointment details. (Para 5) |
| 4. government utilizes pg doctors for rural health. (Para 6 , 7) |
| 5. counsel argues postings against specialization. (Para 9) |
| 6. concerns raised regarding inadequate facilities. (Para 10 , 11) |
| 7. government's perspective on utilizing pg doctors. (Para 12 , 13) |
| 8. court reiterates pg doctor's obligation to serve. (Para 14) |
| 9. pg doctors must work in available positions. (Para 15 , 16) |
| 10. emphasis on moral duty of doctors to serve. (Para 17 , 18) |
| 11. petitioners urged to focus on service. (Para 20) |
| 12. court highlights expectations from doctors. (Para 21) |
| 13. court dismisses petitions, orders compliance. (Para 22) |
COMMON ORDER
The petitioners in all these writ petitions are doctors, who have completed their post-graduation in various specialities and they have knocked the doors of this Court questioning the appointment/posting orders issued by the Director of Public Health and Preventive Medicine, all dated 27.12.2022.
2.When these writ petitions came up for admission on 23.01.2023, the following order was passed by this Court:
The main grievance that has been expressed by the petitioners in all these writ petitions is that they have completed their post graduation and they are expected to render their compulsory service for the period under taken in the bond. There was an earlier round of litigation and in WP No.31089 of 2022, this Court made it very clear that insofar as those PG doctors whose services are to be utilised, the same must be commensurate with their qualification either in the Head Quarters hospital or in the hospitals attached with the medical college in the State of Tamil Nadu or in any other hospital where such kind of service is required and therefore, according to the petitioners, the type of work that is going to be allotted to the PG doctors must commensurate with the qualification and specialisation which they have achieved after undergoing the post graduation. The grievance of the petitioners is that they have all been en masse sent to various primary health centres across the Tamil Nadu. Hence, according to the petitioners such a decision taken by the respondents runs against the submission made before this Court and the directions issued by this Court. The learned counsel for petitioner has also relied upon various other judgements in order to substantiate this stand taken by the petitioner.
2. Mr.Stalin Abhimanu, learned Additional Government Pleader seeks time to take instructions. Post these cases under the same caption on 25.01.2023.
3.The Director of Public Health and Preventive Medicine, has filed a common counter affidavit in all these writ petitions. The particulars of the appointment/ posting order given to the petitioners has been tabulated and for proper understanding, the same is extracted here under:
| Sl. | Name of the Institution | Name of the Candidate | Name of the PG Course & Completed Academic Year | W.P. No | Name of the Opted Primary Health Centre | Name of the Attached Upgraded Primary Health Centre | Name of the Health Unit District |
| 1. | Madras Medical College, Chennai | Dr.Sri Hari Vignesh R | MD Anesthesiolo gy 2021 | 1571/ 2023 | Sokkanur Additional PHC | Nallathipalla yam Upgraded PHC | Coimbatore |
| Sl. | Name of the Institution | Name of the Candidate | Name of the PG Course & Completed Academic Year | W.P. No | Name of the Opted Primary Health Centre | Name of the Attached Upgraded Primary Health Centre | Name of the Health Unit District |
| 2. | Madras Medical College, Chennai | Dr.Leena S | MS Ophthalm ology 2021 | 1576/ 2023 | Chettipalayam Additional PHC | Arisipalayam Upgraded PHC | Coimbatore |
| 3. | Thanjavur Medical College, Thanjavur | Dr.Sruthi. S | MS Ophthalm ology 2021 | 1588/ 2023 | Periyakayapak kam Additional PHC | u U Idaikazhiinaad pgraded PHC | Chengalpet |
| 4. | Madurai Medical College | Dr.E. Dheenadh ayalan | MS (Ortho) 2022 | 1574/ 2023 | Puduchatiram Upgraded PHC | Puduchatiram Upgraded PHC | Cuddalore |
| 5. | Chengalpat | ||||||
