Madras High Court
Dr.Arunkumar vs The Secretary To Government on 20 January, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P. No. 83 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P. No.83 of 2022
and
WMP.Nos.79 & 80 of 2022
Dr.Arunkumar ......Petitioner
vs.
1 The Secretary to Government,
Health and Family Welfare Department,
Fort St.George,
chennai- 600 009.
2 The Secretary,
Medical Council of India, Pocket-14,
Sector- 8, Dwarka, Phase-I, New Delhi-110 077.
3 The Registrar,
The Tamil Nadu Dr.M.G.R.Medical University,
No.69 Anna Salai, Guindy, chennai,
TamilNadu-600 002.
4 The Director of Medical Education
Directorate of Medical Education,
No.162, Periyar E.V.R.High Road, Kilpauk,
Chennai-600 010
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W.P. No. 83 of 2022
5 The Secretary,
Selection committee,
Directorate of Medical Education,
No.162, Periyar E.V.R. High Road,
Kilpauk, chennai-600 010.
.. Respondents
PRAYER:Writ Petition filed under Article 226 of the Constitution of India,
to issue an order or direction or Writ and in particular Writ in the nature of a
Writ of Certiorarified Mandamus calling for the records relating to the
Impugned letter bearing Ref.No.2538 / SCSII(I) 2021 dated 3.12.2021 on
the file of the Selection Committee Directorate of Medical Education the
5th respondent herein and quash the same and consequently direct the the
5th respondent to award full 30 percentage incentive mark as contemplated
under the G.O.(Ms) No.86/ Health and Family welfare (MCA-1)
Department dated 6.3.2019 and include the name of the Medical college
Hospital situated at Thandalai village Panchayat Thiruvarur District as it is
situated in the rural areas in Annexure IV of clause 10 of the above G.O.
and select him as per his mark to PG Degree / Diploma courses in
TamilNadu Government Medical colleges and Government Seats in Self
Financing Medical colleges Affiliated to the Tamil Nadu Dr.MGR Meducal
University 2021-2022.
For Petitioner : Mr. U.Karunakaran
For Respondents : Mr.C.Jayaprakash
Government Advocate
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W.P. No. 83 of 2022
ORDER
The petitioner has filed this petition to issue a writ of certiorarified mandamus calling for the records relating to the Impugned letter bearing Ref.No.2538 / SCSII(I) 2021, dated 3.12.2021, on the file of the Selection Committee, Directorate of Medical Education the 5th respondent herein and quash the same and consequently direct the the 5th respondent to award full 30 percentage incentive mark as contemplated under the G.O.(Ms) No.86 Health and Family welfare (MCA-1) Department, dated 6.3.2019, and include the name of the Medical College Hospital situated at Thandalai Village Panchayat, Thiruvarur District as it is situated in a rural area in Annexure IV of Clause 10 of the above G.O. and select him as per his mark to PG Degree / Diploma courses in Tamil Nadu Government Medical Colleges and Government Seats in Self Financing Medical colleges Affiliated to the Tamil Nadu Dr.MGR Meducal University 2021-2022.
2. The facts of the case are as follows:
The petitioner has completed MBBS degree in Thanjavur Medical College affiliated to the Tamil Nadu Dr.M.G.R MBBS Medical University 3/14 https://www.mhc.tn.gov.in/judis W.P. No. 83 of 2022 in the year 2010. After completion of the degree, the petitioner registered himeself as a Medical practitioner in the Tamil as Medical Council vide registration No.90732, dated 28.06.2010, and thereafter, he joined as Assistant Surgeon in Tamil Nadu Medical Service and he was posted at Government Thiruvarur Medical College and Hospital, Thiruvarur as Casuality Medical Officer in the Unit of Trauma and Emergency situated at Thandalai Village at Thiruvarur and his service was regularised in the category of Assistant Surgeon with effect from 25.9.2013. The petitioner has completed more than seven years of service as on 31.3.2021 as Assistant Surgeon/Causality Medical Officer in the above said Government Thiruvarur Medical College and Hospital situated Thandalai Village Panchayat.
3. That being the situation, the petitioner has appeared for NEET-PG 2021-2022 which held on 11.9.2021 and he has obtained the qualifying mark i.e. 420 out of 800. The 5th respondent Selection Committee/ the Directorate of Medical Examination has invited online applications to PG Degree /Diploma Courses in Tamil Nadu Government Medical Colleges and 4/14 https://www.mhc.tn.gov.in/judis W.P. No. 83 of 2022 Government Seats in Self Financing Medical Colleges Affiliated to the Tamil Nadu Dr. MGR Medical University 2021-2022 session and also issued prospectus for admission to PG Degree / Diploma Courses in Tamil Nadu Government Medical Colleges and Government Seats in Self Financing Medical Colleges Affiliated to the Tamil Nadu Dr. MGR Medical University.
4. The Government of Tamil Nadu have constituted a committee under the Chairmanship of Hon'ble Justice Thiru. A. Selvam (retd.), High Court to identify remote / difficult/ rural areas for awarding to the in-service marks to the in-service Medical Officers for admission of the Post Graduate degree/ diploma courses from the academic year 2019 & 2020, in consonance with the Medical Council of India's Post Graduate Regulations. Based on the committee's recommendation, the Government of Tamil Nadu had issued G.O. (Ms)No. 86 /Health and Family Welfare (MCA - 1) Department dated 06.03.2019, awarding incentive Marks to the in-Service Candidates for their service rendered in the Remote / Difficult / Rural areas for admission to the Post Graduate Medical courses by considering their 5/14 https://www.mhc.tn.gov.in/judis W.P. No. 83 of 2022 working places based on the recommendations of the Committee. Accordingly, the petitioner is entitled for full incentive marks as he has completed 7 years and 6 months service in the government hospital situated in the rural area. However, the respondents have denied to include the college hospital in which the petitioner was working, even though the same is situated in a rural area. Aggrieved by the same, the petitioner has filed W.P. No. 24123/2021, seeking mandamus to award incentive mark for his service rendered by him in the Thirvarur College Hospital situated in the Thandalai Village Panchayat, which comes under rural area. This court, by its order in W.P.No.24123/2021, directed the respondents to consider the application dated 22.10.2021 of the petitioner and pass order in terms of G.O.Ms.86 Health and Family Welfare (MCA-1) Department, dated 06.03.2019, if the same is applicable to the petitioner and pass appropriate orders before publishing the result.
5. Pursuant to the above order, the petitioner has given a representation dated 29.11.2021 along with a copy of the order as well as the application and requested the respondents to pass order in terms of 6/14 https://www.mhc.tn.gov.in/judis W.P. No. 83 of 2022 G.O.Ms.86/ Health and Family Welfare (MCA-1) Department dated 06.03.2019. On receipt of the said representation, the respondents, without considering the above G.O, simply rejected the same vide letter dated 03.12.2021 on the sole ground that the committee had analysed and perused the representation of the individual wherein he had requested to award incentive marks to the assistant surgeons working in Govt. Medical Colleges as ''difficult Areas Plains'' and the respondent mentioned that none of the medical colleges have been classified for awarding of incentive marks and hence, representation of the individual is not accepted and the same was rejected. Aggrieved by the impugned letter of rejection, the petitioner has preferred this writ petition.
6. The learned counsel for the petitioner submitted that the petitioner is entitled to get incentive marks to be considered under the in-service candidates category for the service rendered by him as Medical Officer in Trauma in the Medical College Hospital, situated at Rural area at Thandalai Village, Thiruvarur. The 4th respondent is liable to consider the petitioner's service for awarding incentive marks to him as per G.O.Ms.No.86, Health 7/14 https://www.mhc.tn.gov.in/judis W.P. No. 83 of 2022 and Family Welfare (MCA-1) Department dated 06.03.2019. Without considering the above said GO, the respondents rejected the representation on the ground that the committee had analysed and perused the representation of the individual wherein he had requested to award incentive marks to the Assistant Surgeon working in Government Medical Colleges in areas identified as difficult Areas and the representation of the individual not accepted and rejected. Hence, the impugned letter is liable to be rejected and the learned counsel prays to allow this petition.
7. The learned Government Advocate submitted that based on the order of this Court, the committee consitituted by the Government had examined the issue for identifying remote/difficult/rural areas for awarding incentive marks to the in-service medical officers for the admission to Post Graduate Degree/Diploma courses from the academic year 2019-2020 and the committee in their recommendations, recommonded for awarding incentive marks to the medical officer by classifying the institutions into five categories as mentioned below:
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8. In the present case, the petitioner is practising as an Assistant Surgeon at Government Thiruvarur Medical College and the said Medical College is situated at Dhandalai Panchayat. The Committee, after perusal of the representation of the petitioner, decided that none of the medical colleges have been recommended for awarding of incentive marks. Hence, the representation of the petitioner was rejected. However, the writ petition filed by the petitioner is fundamentally not maintainable and the same is liable to be rejected.
9. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents and perused the materials available on record.
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10. The facts of the case are not in dispute. The petitioner is an Assistant Surgeon practising at Government Thiruvarur Medical College and Hospital. He participated in the NEET -PG Examination which was held on 11.09.2021and obtained 420 marks out of 800. The petitioner had applied for PG Courses under the service category claiming incentive marks as contemplated under G.O.Ms.No.86, Health and Family Welfare (MCA-1) Department, dated 06.03.2019. The Tamil Nadu Government have constituted a committee under Justice Thiru A. Selvam (Retd.,) to identify the remote/difficult/rural areas for awarding incentive marks to the in- service medical officers for admitssion to the post graduate degree/diploma courses from the year 2019 & 2020.
11. The learned Government Advocate filed counter affidavit and fairly submitted that the petitioner applied for PG courses under the service quota and he submitted his application before the Selection committee under G.O.Ms.No.86 dated 06.03.2019. As per the report of the above said Committee, none of the medical colleges have been classified for awarding incentive marks. Hence, the representation is not accepted and rejected. 10/14 https://www.mhc.tn.gov.in/judis W.P. No. 83 of 2022
12. Further, it is undisputed that a committee was constituted, which had decided and earmarked the difficult areas in hills, remote and rural areas which were notified. However, the same has not been challenged by anyone of the petitioner and the said decision was followed for several years for awarding incentive marks to the doctors, who practiced in the said areas. However, in the present case, the petitioner is an Assistant Surgeon, practising in Tiruvarur Medical college Hospital, which is within a radious of 10 Kms., which was the reason no incentive marks was awarded. Unless the said decision taken by the Government for earmarking the areas is challenged, the impugned order cannot be interfered with.
13. The said Committee has clearly stated that the Government Thiruvarur Medical College is not classified as Rural area and the incentive mark cannot be provided to the petitioner as per the committee's report. Hence, the Selection Committee has rightly taken the decision and rejected the claim made by the petitioner. This Court does not find any reason to interfere with the proceedings dated 03.12.2021 passed by the Selection Committee and there is no merit in the writ petition. 11/14 https://www.mhc.tn.gov.in/judis W.P. No. 83 of 2022
14. Accordingly, the Writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
20.01.2022 Index : Yes / No Internet : Yes / No Rli To 1 The Secretary to Government, Health and Family Welfare Department, Fort St.George, chennai- 600 009.
2 The Secretary, Medical Council of India, Pocket-14, Sector- 8, Dwarka, Phase-I, New Delhi-110 077.
3 The Registrar, The Tamil Nadu Dr.M.G.R.Medical University, No.69 Anna Salai, Guindy, chennai, TamilNadu-600 002.
4 The Director of Medical Education Directorate of Medical Education, No.162, Periyar E.V.R.High Road, Kilpauk, chennai-600 010 12/14 https://www.mhc.tn.gov.in/judis W.P. No. 83 of 2022 5 The Secretary, Selection committee, Directorate of Medical Education, No.162, Periyar E.V.R. High Road, Kilpauk, chennai-600 010.
13/14 https://www.mhc.tn.gov.in/judis W.P. No. 83 of 2022 M.DHANDAPANI, J.
Rli W.P. No.83 of 2022 Dated : 20.01.2022 14/14 https://www.mhc.tn.gov.in/judis