IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.02.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Dr.A.Jesudoss ..Petitioner Vs

1.The Secretary to Government Health and Family Welfare Department, Fort St.George, Chennai -9.

2.The Director of Medical Education, Kilpauk, Chennai -10 ..Respondents Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the 2^nd respondent in connection with the impugned order passed by him in ref.No.28687/E1/3/09 dated 16.07.2009 and quash the same and direct the respondents to consider the claim of the petitioner for promotion to the post of Director of the Upgraded Institute and notionally promote the petitioner as Director of Oto-rhino Laryngology., Madras Medical College, Madras for the panel year 1998-99 and grant him all consequential service and monetary benefits.

For Petitioner : Mr. K.Venkatramani Senior Counsel for Mr.M.Muthappan For Respondent : Mrs.M.Sneha Special Counsel for Health and Family Welfare

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to quash the order/communication dated 16.07.2009 issued by the second respondent, whereby the representation submitted by the petitioner seeking promotion to the post of Director, Institute of Oto-Rhinology (ENT), came to be rejected.

2. The petitioner was appointed as Assistant Surgeon on 12.07.1978. He completed his P.G. Diploma in ENT in 1981 and obtained his Master’s Degree (M.S.) in ENT in 1985. Thereafter, he was appointed as Assistant Surgeon/Tutor in ENT at Thanjavur Medical College and was promoted as Reader of ENT on

22.02.2002, and later as professor.

3. One Dr. S. Kulasekaran was appointed as Assistant Surgeon in 1977, prior to the petitioner. He was promoted as Reader on 22.02.2002 and later as Professor . Dr.S.Kulasekaran was CML senior . A vacancy to the post of Director, Institute of Oto-Rhinology, arose on 24.07.2008 due to the retirement of Dr. A.K. Sugumar.

4. In the panel drawn for promotion to the post of Director, Dr. S.

Kulasekaran was placed at Serial No.1 and the petitioner at Serial No.2. Based on panel seniority, Dr. S. Kulasekaran was promoted to the post, as he was found to possess the requisite qualifications. The petitioner submitted a representation contending that he was fully qualified and that Dr. S. Kulasekaran did not possess the administrative experience at the relevant time when promotion to the post of Reader became due, as contemplated under Rule

4(c) of the Tamil Nadu Medical Services Rules.

5. The petitioner further stated that he had obtained his M.S. Degree in

1985, whereas Dr. S. Kulasekaran acquired the same only in 1994. According to the petitioner, considering his earlier acquisition of qualification and teaching experience, he was better qualified and entitled to promotion to the post of Director ahead of Dr. S. Kulasekaran. The said representation was rejected by the impugned communication.

6. Learned Senior Counsel for the petitioner submitted that the qualification prescribed for appointment to the post of Director requires possession of an M.S. Degree in ENT, minimum prescribed teaching experience in both undergraduate and postgraduate courses in a recognized medical college, out of which four years must be after acquiring the higher postgraduate degree, and administrative experience in the Department of Oto-Rhinology in a large institution.

7. It was contended that Dr. S. Kulasekaran did not possess the required administrative experience, whereas the petitioner, having served as Head of the Department (ENT), possessed the same. Therefore, denial of promotion to the petitioner is arbitrary and discriminatory.

8. It was further submitted that although Dr. S. Kulasekaran was senior in the Civil Medical List (CML), promotion to the post of Director must strictly comply with the prescribed qualifications. Reliance was placed on the deci