Madras High Court
Dr.V.Yuvarani vs The Principal Secretary To Government on 2 April, 2025
Author: Battu Devanand
Bench: Battu Devanand
W.P.(MD).No.5779 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.04.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.(MD)No.5779 of 2025
and
W.M.P.(MD).No.4221 of 2025
Dr.V.Yuvarani ... Petitioner
Vs
1. The Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat,
Fort St George, Chennai.
2. The Director of Medical Education,
The Directorate of Medical Education,
Kilpauk, Chennai-600 010.
3. The Medical Services Recruitment Board (MRB),
Rep. by its Member Secretary,
7th Floor, DMS Buildings,
359, Anna Salai, Teynampet,
Chennai-600 006.
4. The Director of Public Health and Preventive Medicine,
Chokkalingam Nagar, Teynampet,
Chennai-600 006.
5. The Dean,
Madras Medical College,
Chennai-600 003. ...Respondents
1/8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 12:25:50 pm )
W.P.(MD).No.5779 of 2025
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the third respondent to award 4 mark as
an incentive mark for the Covid duty rendered by the petitioner for the period of
March 2020 to March 2022 and select and appoint the petitioner in the post of
Assistant Surgeon (General) under SC(W) Category.
For Petitioner : Mr.T.Aswin Raja Simman
For R1, R2, R4 & R5 : Mr.S.Vinoth
Government Advocate
For R3 : Mr.Ajmal Khan,
Additional Advocate General
Assisted by
Mr.Ramesh
ORDER
This writ petition has been filed seeking Writ of Mandamus to direct the third respondent to award four mark as an incentive mark for the duty rendered by the petitioner in Covid-19 pandemic period and select and appoint the petitioner in the post of Assistant Surgeon (General) under SC(W) category.
2. The brief facts of the case are as follows:
i)The petitioner has completed M.S. (General Surgery) in the year 2023.
She has registered her name in TamilNadu Medical Council. She has rendered duty for the period from June 2020 to June 2022 to the patients, who were affected by Covid-19 virus. The third respondent has issued a notification for 2/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 12:25:50 pm ) W.P.(MD).No.5779 of 2025 the direct recruitment to post of Assistant Surgeon (General) vide Notification No.01/MRB/2024 dated 15.03.2024. As per the said notification, the qualifications for the post of Assistant Surgeon (General) are that the candidate has to complete MBBS degree, must have served as House Surgeon (CRRI) and the name of the candidate should be registered in the TamilNadu Medical Council.
ii)As per G.O.(Ms).No.278, Health and Family Welfare (B1) Department, dated 17.08.2023 and G.O.(Ms.)No.371, Health and Family Welfare (B1) Department, dated 18.11.2023, the Medical Officer including the Post Graduate Students who have rendered the services during Covid-19 in the Government Medical institutions for a period of one and half year to two years continuously i.e.,18 months to 24 months, without any break, should be awarded incentive marks.
iii) The petitioner has applied for the post of Assistant Surgeon. She appeared for the written examination which was conducted on 05.01.2025 and she was called for the certificate verification on 15.02.2025. Though the petitioner submitted all her original certificates along with the certificate of Covid duty in the fifth respondent Medical College, she was not provided with the incentive marks for the Covid duty. She made a representation to the authorities on 22.02.2025. The same was not considered by the authorities. 3/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 12:25:50 pm ) W.P.(MD).No.5779 of 2025
3. The learned Counsel appearing for the writ petitioner would submit that the petitioner was not in a position to enclose new Original Covid Duty Certificate and therefore the petitioner uploaded her Old Certificate. He would further submit that during certificate verification at Medical Recruitment Board, the petitioner produced the original Covid Duty Format Certificate. Though the same was accepted, no incentive mark was awarded to the petitioner. The learned counsel mainly argued that if the petitioner get incentive four marks by considering the Covid Duty Certificate, she will get a chance to join as Assistant Surgeon. In this regard, the petitioner submitted her representation to the respondents to provide incentive marks. But without considering the same, the fourth respondent has issued a counseling selection candidate list. Hence, he prayed for issuing a suitable direction to the authorities.
4. The learned Additional Advocate General appearing for the third respondent would submit that the third respondent Board has issued a notification No.01/MRB/2024 dated 15.03.2024, wherein, there is a specific column for Covid Duty Incentive Marks. In that, it is clearly mentioned in clause (b) that the above incentive marks shall be based on the Covid Duty Certificate (annexure-10) and the same has to be uploaded in the online portal and to be submitted in original during certificate verification. 4/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 12:25:50 pm ) W.P.(MD).No.5779 of 2025
5. The Additional Advocate General appearing for the third respondent further pointed out that in the aforesaid notification, there are instructions under the heading 'Warning', wherein in fifth bullet point, it is mentioned that the applicants shall mandatorily upload the certificates/documents (in support of all the claims made/details furnished in the online application at the time of submission of online application itself. It shall be ensured by the applicants that the online application shall not be submitted without uploading the required certificates. Therefore, without uploading the new Covid Duty Format Certificate at the time of submitting the online application, the petitioner cannot now claim incentive four marks for that.
6. I have heard the learned counsel for the petitioner, the learned Additional Advocate General appearing for the third respondent and the learned Government Advocate appearing for the respondents 1, 2, 4 and 5 and perused the material records.
7. Having heard the submissions of the respective counsels and on perusing the materials available on record, this Court is of the considered view that the petitioner ought to have uploaded the necessary certificate at the time of applying through online. Though the petitioner's service during the pandemic 5/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 12:25:50 pm ) W.P.(MD).No.5779 of 2025 period for the welfare of the affected people is appreciable, considering the specific instructions given in the notification issued by the third respondent, this Court is not inclined to issue any positive direction.
8. Accordingly, this writ petition is dismissed. There shall be no order as to costs.
Consequently, connected miscellaneous petition is closed.
02.04.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No CM 6/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 12:25:50 pm ) W.P.(MD).No.5779 of 2025 To
1. The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St George, Chennai.
2. The Director of Medical Education, The Directorate of Medical Education, Kilpauk, Chennai-600 010.
3. The Medical Services Recruitment Board (MRB), Rep. by its Member Secretary, 7th Floor, DMS Buildings, 359, Anna Salai, Teynampet, Chennai-600 006.
4. The Director of Public Health and Preventive Medicine, Chokkalingam Nagar, Teynampet, Chennai-600 006.
5. The Dean, Madras Medical College, Chennai-600 003.
7/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 12:25:50 pm ) W.P.(MD).No.5779 of 2025 BATTU DEVANAND, J.
CM W.P.(MD)No.5779 of 2025 and WMP(MD)No.4221 of 2025 02.04.2025 8/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 12:25:50 pm )