Temporary service in a sanctioned post must be recognized for eligibility in Super Specialty Course admissions, aligning with established government criteria despite initial selection processes.

ORDER :

M. Dhandapani, J.

Direction is sought for from this Court in the nature of Mandamus through this writ petition for a direction to the respondents to permit the petitioner to participate in the counselling for admission to Super Specialty Course in Tamil Nadu Medical Service as in-service candidate for the Session 2025-2026 by accepting the application of the petitioner and reckoning the service of the petitioner rendered in a sanctioned post on temporary appointment u/s 17 (1) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 since the year 2021.

2. It is the case of the petitioner that upon completion of bachelor’s degree in the year 2016 and subsequently Master’s degree in the year 2020, based on the bond executed by the petitioner as non-service PG. Candidate, the petitioner was appointed in Tamil Nadu Medical Service on temporary basis in a sanctioned post u/s 17 (1) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (for short ‘the Act’) vide order of appointment dated 13.08.2021 in the time scale of pay for the post of Assistant Surgeon and joined in the post of Assistant Surgeon in ESI Hospital, Ayanavaram on 6.9.2021 and that service register has been opened and the petitioner has also been brought under the Contributory Pension Scheme.

3. It is further averment of the petitioner that for the purpose of granting regularisation of Medical Officers, who have been appointed on temporary basis, G.O. (D) No.1016, Health and Family Welfare Department dated has been issued, by which the persons who were temporarily appointed as Medical Officers, upon qualifying themselves in the Special Qualifying examination conducted by the Tamil Nadu Public Service Commission, would have their services regularised and, accordingly, similar Government orders were passed in the year 2008, 2009, 2012 and 2016 for the conduct of Special Qualifying Examinations (for short ‘SQE’) for regularising the services of temporarily appointed Medical Officers. Even in the year 2020, Government Order in G.O. Ms. No.571 dated 24.12.2020 was issued and orders of regularisation have been passed regularising the services of such of the Assistant Surgeons from the date of their initial appointment in the Tamil Nadu Medical Service.

4. It is the further averment of the petitioner that since the petitioner has completed the PG Medical course in the year 2020 and appointed on 6.9.2021 u/s 17 (1) of the Act, the petitioner is entitled for regularisation of service by clearing the SQE in accordance with the Government Orders.

5. It is the further case of the petitioner that as per proceedings dated 31.01.2022, for the first time, the Government has taken a policy decision that the appointment of Non-Service PG Assistant Surgeons towards bond service shall be made by way of Agreement u/s 19 (1) of the Act instead of u/s 17 (1) of the Act and, therefore, persons, who have cleared PG Medical course from the year 2022 were appointed on agreement basis u/s 19 (1) of the Act by making it clear that they would not be regarded as regular members of the service.

6. It is the further case of the pet