IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction )

Friday, the Twenty First day of June Two Thousand Nineteen

PRESENT

THE HON`BLE MR JUSTICE V.PARTHIBAN

WP NO.16060 OF 2019

AND WMP.NO.15823 OF 2019

DR.R.SRINIVASAN [PETITIONER IN BOTH THE PETITIONS]

Vs

1 THE STATE OF TAMIL NADU [RESPONDENT IN BOTH THE PETITIONS]

REP BY ITS PRINCIPAL SECRETARY,

DEPARTMENT OF HEALTH AND FAMILY WELFARE,

SECRETARIAT, CHENNAI-9.

2 THE DIRECTOR DIRECTORATE OF MEDICAL EDUCATION,

KILAPAUK, CHENNAI-10.

3 THE MEDICAL COUNCIL OF INDIA

PRESENTLY CHANGED AS THE NATIONAL MEDICAL

COMMISSION POCKET- 14, SECTOR- 8,

DWARKA PHASE- 1, NEW DELHI- 110 077

Writ Petitions under Article 226 of the Constitution of India

praying that in these circumstances stated therein and in the

respective affidavits filed therewith the High Court will be pleased

to issue a writ of CERTIORARIFIED MANDAMUS

Calling for the records of the 2nd Respondent in respect of

Impguned Transfer conselling Notification Vide

REF.No.

4053/E3/1/2019- TC dated 24.05.2019 and Notification vide

4053/E3/1/2019-TC dated 29-5-2019 and quash the same as illegal and

consequently directing the respondents to conduct the transfer

counselling for the Post of Senior Resident/Tutor in Anesthesia by

Adhering to the mandatory Procedure as Contemplated under the

guidelines issued vide G.O.(2 D) NO 131 Health and Family welfare A1

Department dated 20-11-2007 more specifically based on Station

Seniority as Mandated under Rule 10.5 of the Guidelines during the

process of Transfer Counselling in so far as the Petitioner (in

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

WP.No.16060/19)and;

(ii) to issue an order of Interim Injuction by restraining the

respondents from in any way conducting the transfer counselling for

the post of Sen56tior resident/Tutor in Anesthesia as far as the

petitioner concern without adhering to the mandatory Procedure as

contemplated under the guidelines issued vide G.O.(2D) No.131 Health

and Family welfare A1 Department dated 20-11-2007 (in

WMP.No.15823/19) pending disposal of the above Writ Petition 16060/19

respectively.

Order : These petitions coming on for orders upon perusing

the petitions and the respective affidavits bn filed in support

thereof and upon hearing the arguments of M/S.C.KANAGARAJ, Advocate

for the petitioner in both the petitions the court made the following

order:-

At request, Post on 04.07.2019 at 2.15 p.m along with similar

batch.

Interim order already granted, is extended till then.

-sd/-

21/06/2019

/ TRUE COPY /

Sub-Assistant Registrar ( Statistics / C.S. )

High Court, Madras - 600 104.

TO

1 THE PRINCIPAL SECRETARY,

DEPARTMENT OF HEALTH AND FAMILY WELFARE,

SECRETARIAT, CHENNAI-9

2 THE DIRECTOR DIRECTORATE OF

MEDICAL EDUCATION,

KILAPAUK, CHENNAI-10.

3 THE MEDICAL COUNCIL OF INDIA

PRESENTLY CHANGED AS THE NATIONAL MEDICAL

COMMISSION POCKET- 14, SECTOR- 8,

DWARKA PHASE- 1, NEW DELHI- 110 077.

C.C. to M/S.C.KANAGARAJ Advocate on payment of necessary

charges

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

The Government Advocate, High Court, Madras – 104.

Order

in

WP.16060/2019

AND WMP.NO.15823 OF 2019

Date :21/06/2019

From 26.2.2001 the Registry is issuing certified

copies of the Interim Orders in this format

SDR 17.06.2019

SDR 27.06.2019

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