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2026 Supreme(Online)(Mad) 11873

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Harvinder Kaur Oberoi, J, Sumeet Jerath, Administrative Member
Dr.M.Shankar D.Ortho – Appellant
Versus
The Director of Medical Education – Respondent
WP No. 3389 of 2026



Advocates:
For the Appellants/Petitioners: Dakshayini Reddy, S. Suneetha
For the Respondents: K. Tippusulthan

The court directed the respondent authority to consider and pass orders on a representation submitted by a medical resident regarding station seniority and appointment preference within a specified timeframe.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to compel the respondents to consider a representation regarding the maintenance of station seniority and preference for appointment to the post of Senior Resident/Assistant Professor. The petitioner, a Junior Resident in Orthopaedics, alleged that despite a previous court order in WP.No.46881 of 2025 ensuring residents would not be disturbed from their stations, juniors were appointed to Assistant Professor posts. The court found that a representation dated 12.12.2025 remained pending. The primary issue is whether the respondents should be directed to consider the petitioner's representation regarding seniority and appointment. The court observed that the request is limited to the consideration of the representation within a stipulated timeframe. With the above directions, the writ petition is disposed of.

PRAYER; This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the Respondents therein to consider the representation of the Petitioner and accordingly maintain his station Seniority at the 2nd respondent Medical College and Hospital Pudukottai and give him preference for appointment to the post of Senior resident/Assistant Professor in the ensuing vacancy.

ORDER

This petition has been filed seeking a direction to the Respondents therein to consider the representation of the Petitioner and accordingly maintain his station Seniority at the 2nd respondent Medical College and Hospital Pudukottai and give him preference for appointment to the post of Senior resident/Assistant Professor in the ensuing vacancy.

It is the case of the petitioner that the petitioner has been presently working as Junior Resident – Orthopaedics in Medical College and Hospital at Pudukottai. It is submitted tha the petitioner is qualified with MBBS and Diploma in Orthopaedics. The National Medical Commission issued guidelines whereby the norms prescribed for sanction of seats for PG courses were relaxed and the number of hospital beds required were reduced. The Government took a decision to surrender the post of junior resident by upgrading the post as Assistant Professor. The petitioners has challenged the decision of the Government to compulsorily take part in the counselling the Association to which the petitioner belongs filed a writ petition before this Court in WP.No.46881 of 2025 vide order dated 01.12.2025. The Government made a submission before this Court that on surrendering of Junior Resident post the present junior resident will not be disturbed from their station. The said writ petition was disposed by recording the statement of the respondents in that the junior resident will not be compelled to take part in counselling which was conducted on 10.12.2025 and they will be retained in the present station itself.

It is the main grievance of the petitioner that in the counselling, the juniors to the petitioner were given to the post of Assistant Professor. Thereafter, the petitioner has made representation on 12.12.2025 to ratify the discrepancy and to allow the petitioner to take up the post of senior resident in the department of orthopaedics at Government Medical College Hospital Pudukottai and allow the petitioner to continue the service. The said representation is not considered so far and kept pending. Hence, the present writ petition.

The learned Senior counsel for the petitioner submitted that this Court may direct the respondents to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.

The learned Government Advocate appearing for the respondent submitted that the representation will be considered and orders will be passed within the stipulated time as fixed by this Court.

Heard the learned counsel for both side and perused the materials available on record.

Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court directs the second respondent to consider and pass orders on the petitioner's representation dated 12.12.2025 within a period of four weeks from the date of receipt of a copy of this order.

With the above directions, the writ petition is disposed of. No costs.

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