IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR

W.P.No. 4511 of 2022

and

WMP.Nos. 4635, 4637 & 4639 of 2022

1.Dr.R.Rajkumar, M.S (Ortho)

2.Dr.S.Dorian Hanniel Terrence, M.S(General Surgeon)

3.Dr.K.S.Gokilaveni, M.D (Biochemistry)

...Petitioners

Vs.

1.The State of Tamil Nadu,

Rep.By its Principal Secretary to Government,

Health and Family Welfare Department,

Secretariat, Fort St.George,

Chennai-600009.

2.The Director of Medical Education,

Kilpauk,Chennai-600010.

3.The Director of Medical and Rural Health Services,

DMS Compound, Anna Salai,

Teynampet, Chennai-600006.

...Respondents

Prayer: Writ petition filed under Article 226 of the

Constitution of India praying for issuance of a Writ of

Mandamus, directing the Respondents to consider the petitioners

to get transfer to Director of medical Education in the

specialty department in accordance with qualification of

petitioners through transfer counselling or otherwise without

reference to clearance of special Qualifying Examination not

conducted from the year 2018 in consideration of representation

submitted by the Petitioners dated 28.01.2022.

For Petitioner

: S.Nedunchezhiyan

For Respondent

: Mr.S.Prabhakaran, GA

ORDER

The prayer in the present writ petition is for a direction

to the Respondents to consider the petitioners to get transfer

to Director of medical Education in the specialty department in

accordance with qualification of petitioners through transfer

counselling or otherwise without reference to clearance of

https://hcservices.ecourts.gov.in/hcservices/

special Qualifying Examination not conducted from the year 2018

in consideration of representation submitted by the Petitioners

dated 28.01.2022.

2. The learned counsel for the petitioners has submitted

that the petitioners herein after completion of their MBBS

degree, joined P.G Medical Course in different specialties in

the year 2016-17 and completed the same in May 2019 and

appointed as Assistant Surgeon in DMS side on temporary basis

with regular time scale of pay based on two years bond service.

3. The learned counsel for the petitioners has further

submitted that though the Government issued orders in G.O.Ms.No.

571, dated 24.12.2020 to conduct Special Qualifying Examination

(SQE) for regular appointment of Assistant Surgeon, due to

Covid-19 pandemic situation, the Medical Services Recruitment

Board has not conducted the said examination.

4. According to the learned counsel for the petitioners, the

petitioners are qualified with P.G degree and they have also

submitted representation to the respondents to allow them to

participate in the transfer counseling. Now the transfer

counseling is scheduled to be held on 11.04.2022, therefore

seeks directions to the respondents to consider their

representation and pass appropriate orders.

5. The learned Government Advocate appearing for the

respondents has submitted that the 2^nd respondent will consider

the representation of the petitioners and pass appropriate

orders in accordance with Rules, within a time frame as fixed by

this Court.

6. In view of the submissions made by the learned counsels

on either side, this Court directs the 2^nd respondent to consider

the representation dated 28.01.2022 submitted by the petitioners

on its own merits and in accordance with law and pass

appropriate orders on or before 09.04.2022 and communicate the

same to the petitioners.

7. With the above directions, the writ petition stands

disposed of. No costs. Consequently, connected Miscellaneous

Petitions are closed.

Sd/-

Assistant Registrar(CS VI)

//True Copy//

Sub Assistant Registrar

ak

https://hcservices.ecourts.gov.in/hcservices/

To

1.The Principal Secretary to Government,

Health and Family Welfare