Madras High Court
Dr.Sri Hari Vignesh R vs The State Of Tamil Nadu on 6 February, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 31.01.2023
PRONOUNCED ON : 06.02.2023
CORAM
THE HONOURABLE JUSTICE MR.N.ANAND VENKATESH
W.P.Nos.1571, 1574, 1774, 1588, 1575, 1576, 1577,
1578,1579,1580,1581,1582,1584,1585,1587,1589,1591,1592 and 1594
of 2023 and
WWP Nos.1665,1673, 1674,1677,1888, 1680 1681, 1682, 1684,1686,
1689, 1691, 1692, 1695, 1697, 1699, 1701, 1705, 1706
W.P.No.1571 of 2023
Dr.Sri Hari Vignesh R.
18/1, Rice Mill Road
Kuniamuthur
Coimbatore 641 008. ...Petitioner
.Vs.
1. The State of Tamil Nadu
Rep. By its Principal Secretary
Health and Family Welfare Departments
Secretariat, Chennai-600 009.
2. Directorate of Medical Education
Rep. by the Director of Medical Education
Kilpauk, Chennai-600 010.
1/26
https://www.mhc.tn.gov.in/judis
2
3. Directorate of Public Health and Preventive
Medicine
Rep. by the Director of Public Health and
Preventive Medicine
359, Anna Salai, Chennai-600 006.
4. National Medical Commission
Rep. by its Secretary
Pocket 14, Sector-8, Dwarka Phase I
New Delhi-110 077. ..Respondents
Writ Petition filed under Article 226 of the Constitution of India,
for issuance of a Writ of Certiorari, to call for the records of 3rd
respondent contained in order bearing R.No.3418534/E7/A1/2022-246,
dated 27.12.2022, and to quash the same as arbitrary, unjust, illegal and
ultra vires the Constitution of India.
For Petitioner : MrSuhrith Parthasarathy
in All Wps
For Respondents : Mr.Stalin Abhimanyu
in All WPs Additional Government Pleader
for R1 to R3
Ms.Subaranjani Ananth
Central Government Standing Counsel
for R4
2/26
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3
COMMON ORDER
The petitioners in all these writ petitions are doctors, who have completed their post-graduation in various specialities and they have knocked the doors of this Court questioning the appointment/posting orders issued by the Director of Public Health and Preventive Medicine, all dated 27.12.2022.
2.When these writ petitions came up for admission on 23.01.2023, the following order was passed by this Court:
The main grievance that has been expressed by the petitioners in all these writ petitions is that they have completed their post graduation and they are expected to render their compulsory service for the period under taken in the bond. There was an earlier round of litigation and in WP No.31089 of 2022, this Court made it very clear that insofar as those PG doctors whose services are to be utilised, the same must be commensurate with their qualification either in the Head Quarters hospital or in the hospitals attached with the medical college in the State of Tamil Nadu or in any other hospital where such kind of service is required and therefore, according to the petitioners, the type of work that is going to be allotted to the PG doctors must commensurate with the qualification 3/26 https://www.mhc.tn.gov.in/judis 4 and specialisation which they have achieved after undergoing the post graduation. The grievance of the petitioners is that they have all been en masse sent to various primary health centres across the Tamil Nadu. Hence, according to the petitioners such a decision taken by the respondents runs against the submission made before this Court and the directions issued by this Court. The learned counsel for petitioner has also relied upon various other judgements in order to substantiate this stand taken by the petitioner.
2. Mr.Stalin Abhimanu, learned Additional Government Pleader seeks time to take instructions. Post these cases under the same caption on 25.01.2023.
3.The Director of Public Health and Preventive Medicine, has filed a common counter affidavit in all these writ petitions. The particulars of the appointment/ posting order given to the petitioners has been tabulated and for proper understanding, the same is extracted here under:
Sl. Name of the Name of Name of the W.P. Name of the Name of Name of the Institution the Candidate PG Course & No Opted the Attached Health Unit Completed Primary Upgraded District Academic Health Centre Primary Year Health Centre
1. Madras Dr.Sri MD 1571/ Sokkanur Nallathipalla Coimbatore Medical Hari Vignesh Anesthesiolo 2023 Additional yam College, R gy PHC Upgraded Chennai 2021 PHC 4/26 https://www.mhc.tn.gov.in/judis 5 Sl. Name of the Name of Name of W.P. Name of the Name of the Name of Institution the the PG No Opted Primary Attached the Health Candidate Course & Health Centre Upgraded Unit District Completed Primary Health Academic Centre Year
2. Madras Dr.Leena MS 1576/ Chettipalayam Arisipalayam Coimbatore Medical S Ophthalm 2023 Additional Upgraded College, ology PHC PHC Chennai 2021
3. Thanjavur Dr.Sruthi. MS 1588/ Periyakayapak Idaikazhiinaadu Chengalpet Medical S Ophthalm 2023 kam Upgraded College, ology Additional PHC Thanjavur 2021 PHC
4. Madurai Dr.E. MS 1574/ Puduchatiram Puduchatiram Cuddalore Medical Dheenadh (Ortho) 2023 Upgraded PHC Upgraded PHC College ayalan 2022
5. Chengalpatt Dr.A. MS 1575/ Attupakkam Punnai Ranipet u Medical Shobana Ophthalmo 2023 Additional Upgraded]PHC College, Priya logy PHC Chengalpatt 2022 u
6. Coimbatore Dr.J. MC 1577/ Malayampalay Nambiyur Erode Medical Gowthami Microbiol 2023 am Upgraded College, ogy Additional PHC PHC Coimbatore 2022
7. Thanjavur Dr.K. MS 1578/ Ammur Lalapet Ranipet Medical Raghuman Ophthalmo 2023 Additional Upgraded College, logy PHC PHC Thanjavur 2022
8. Thanjavur Dr.M.Sudan MS 1579/ Muthur Muthur Tiruppur Medical Ophthalmo 2023 Upgraded PHC Upgraded PHC College logy Thanjavur 2022
9. Stanley Dr.G. MD 1580/2 Thellar Thellar Cheyyar Medical Thiruvaranga Anesthesi 023 Upgraded PHC Upgraded PHC College, prasath ology Chennai 2022
10. Coimbatore Dr.Eswaram MD 1585/ Velliyanai Velliyanai Karur Medical oorthi.A General 2023 Upgraded PHC Upgraded PHC College, Medicine Coimbatore 2022 5/26 https://www.mhc.tn.gov.in/judis 6 Sl. Name of the Name of Name of W.P. Name of the Name of the Name of Institution the the PG No Opted Primary Attached the Health Candidate Course & Health Centre Upgraded Unit District Completed Primary Health Academic Centre Year
11. Chengalpatt Dr.T.Dinesh M.D. 1585/ Thogaimalai Thogaimalai Karur u Medical Raja D.V.L 2023 RBSK (M) Upgraded College, 2022 PHC Chengalpatt u
12. Madras Dr. MD 1589/ Siruvachur Thalaivasal Attur Medical S.Abhirama Pharaco 2023 Additional Upgraded College, Sundhari logy PHC PHC Chennai 2022
13. Govt. Dr.V. MS 1591/2 Athimanjeripet Athimanjeripet Tiruvallur Mohan Nethaji (Ortho) 023 Upgraded PHC Upgraded PHC Kumarama 2022 ngalam Medical College, Salem
14. Chengalpatt Dr.Kiran MS 1592/ Keelpennathur Keelpennathur Thiruvanna u Medical Kumar S General 2023 Upgraded PHC Upgraded PHC malai College, Surgery Chengalpatt 2022 u
15. Stanley Dr.Sabararee MD 1594/ Alampalayam Guruvareddiyur Erode Medical shwaran M Anesthesi 2023 Additional PHC Upgraded PHC College, ology Chennai 2022
16. Thanjavur Dr.G. MS 1581/ Vilankudi Kadugur Ariyalur Medical Gayathri Ophthalmo 2023 Additional Upgraded College, logy PHC PHC Thanjavur 2022
17. Madurai Dr.Gothada MD 1582/ Thatchur Arani West Cheyyar MedicalColle raman. D Psychiatry 2023 RBSK (M) Upgraded ge, 2022 PHC Madurai 6/26 https://www.mhc.tn.gov.in/judis 7 Sl. Name of the Name of Name of W.P. Name of the Name of the Name of Institution the the PG No Opted Primary Attached the Health Candidate Course & Health Centre Upgraded Unit District Completed Primary Health Academic Centre Year
18. Tirunelveli Dr.R. MS 1587/ Pethanaicka Periyapodu Coimbatore Medical Goutham (Ortho) 2023 nur Upgraed College, Kumar 2022 Additional PHC Tirunelveli PHC
19. Thanjavur Dr.S.D. MD 1774/ Velliagaram Athimanjeripet Tiruvallur Medical Dheebika Physiology 2023 Additional Upgraded College, 2022 PHC PHC Thanjavur
4.The 3rd respondent has stated in the counter affidavit that particulars were sought for to ascertain the total number of non-service post-graduate candidates, who are awaiting for posting orders and it was ascertained that there were totally 1565 candidates. Out of these 1565 candidates, 330 candidates had already completed their bond period of two years even without working for a single day. Out of 330 candidates, 10 candidates expressed their willingness to join service for the bond period. Out of the balance 1235 doctors, who had completed their PG course, they were called for appointment counselling to fill up 1959 vacancies that were available. Out of 1235 candidates, 830 candidates attended the counselling. 436 candidates opted as against 1520 vacancies, 220 candidates did not exercise their option and 405 7/26 https://www.mhc.tn.gov.in/judis 8 candidates absented themselves.
5.It is further stated in the counter affidavit that among the 436 candidates, who opted during the counselling, the same includes the 19 writ petitioners also. Out of the 19 writ petitioners, 8 writ petitioners opted for Upgraded Primary Health Centres (UPHC) and the remaining 11 writ petitioners opted for the Additional Primary Health Centres (APHC) during the counselling and they had also signed in the proforma declaration while attending the counselling. Thus, the third respondent has taken a very specific stand that the writ petitioners have been posted/ appointed only in those Centres, for which, they gave their option.
6.Insofar as the facilities that are available in the UPHC, the same has been described elaborately at Paragraph No.10 of the counter affidavit. Insofar as APHC, it has been stated they also have the facilities and they will refer cases, if required, to nearby UPHC for higher level management.
7.The third respondent has taken a further stand that the Government wanted to utilize the services of non-service PG doctors for 8/26 https://www.mhc.tn.gov.in/judis 9 the welfare of the poor people and hence, their services are put to use in UPHC and APHC, which has necessary facilities commensurate with the qualification of the PG doctors.
8.Heard Mr.Suhrith Parthasarathy, learned counsel for the petitioners, Mr.Stalin Abhimanyu, learned Additional Government Pleader for R1 to R3 and Ms.Subaranjani Ananth, learned Central Government Standing Counsel for R4
9.The learned counsel for the petitioners submitted that the appointment/posting given by the respondents is not commensurate with the qualification and specialization that has been attained by the doctors in the PG course and posting them in Primary Health Centres (PHCs) goes against the undertaking given before this Court in the earlier writ petition in W.P.No.31089 of 2022. The learned counsel in order to substantiate this submission, relied upon the following portions of the order dated 21.11.2022.
14. In respect of this apprehension raised by the learned counsel for the petitioner, the learned Special 9/26 https://www.mhc.tn.gov.in/judis 10 Government Pleader would contend that, the petitioner need not have such an apprehension, as she has completed only PG degree course. However, insofar as the Doctors who completed the Super-speciality course is concerned, certainly their services would be utilized in commensurate with their qualification either in the headquarter hospital or in the hospital attached with the Medical College in the State of Tamil Nadu run by the State Government.
15. Insofar as the Super-specialized Doctors are concerned, the counselling date is yet to be finalized, which would be issued later. Once such communication is issued, then the Super-specialized Doctors can participate in the said counselling.
16. Therefore, the apprehension raised by the learned counsel for the petitioner, since has been answered by the learned Special Government Pleader, that clarification given on behalf of the respondents is taken on record.
10/26 https://www.mhc.tn.gov.in/judis 11
17. Insofar as the case of the petitioner is concerned, who is a PG Doctor, her services can very well be utilized by the respondents, only if the bond period is not over. However, since the petitioner's bond period is over by April, 2022, she is entitled to get back the original certificates.
18. Insofar as the other PG Doctors are concerned, whose bond period if it is not over so far, as per the impugned communication, they can be roped in to participate in the counselling to be conducted from today for utilization of their services at PG level in commensurate with their qualification, either in the headquarter hospital or in the hospital attached with the Medical College in the State of Tamil Nadu or in any other hospital where such kind of service is required.
10.The learned counsel for the petitioners further relied upon the judgment of the Bombay High Court in Kabeer Umakumar and Others 11/26 https://www.mhc.tn.gov.in/judis 12 .v. State of Maharashtra and Others reported in 2011 SCC Online Bom 1414 and specifically placed reliance upon certain portions of the order which are extracted hereunder:
23. We have given our anxious consideration to the arguments advanced by all the parties before us. None of the petitioners are averse to serve the bond period of one year. The posts of Assistant Professor/Medical Officer with the Medical Colleges or the Hospitals attached to these Medical Colleges run by the State Government as well as Municipal Corporation are limited. The number of Super Specialty and Broad Specialty doctors is likely to increase year after year. It is not in dispute that to acquire a Broad Specialty degree a M.B.B.S. doctor has to spend three more years, minimum and to acquire a Super Specialty degree, he has to spend another three years. Thus a Super Specialty doctor invests six years of his life after completing his internship. These Super Specialty/Broad Specialty skills are required to be used to serve the patients or to teach the students of undergraduate courses. Despite the best efforts made by the State Government in the present postings, it has not been able to appoint all the Super Specialty/Broad Specialty doctor in the post of Assistant Professor or Medical Officers with the Medical Colleges or the Hospitals attached thereto as per the specializations. At the same time, to post such doctors at the Rural Hospitals or Primary Health Centres would not only be against their future interest but indeed a loss to the society in as much as they would not be able to use their Super Specialty/Broad Specialty 12/26 https://www.mhc.tn.gov.in/judis 13 skills at such postings. Just because they have signed the bond, does not mean that they should be at the receiving end and put their future at stake. Having regard to all these realities and to strike a balance between the obligations of the doctors, the requirements of the State Government and the needs of the hospitals across the State, it would be appropriate that the doctors with Super Specialty/Broad Specialty are not appointed/posted as Medical Officers with Rural Hospitals and Primary Health Centres. So far as the P.G. Diploma holders are concerned, despite the number of M.B.B.S. doctors being available, the Rural Hospitals and Primary Health Centres postings cannot be ruled out for them and it is not going to be feasible to absorb all such diploma holders as Medical Officers either in the Medical Colleges or Super Specialty Hospitals. Mr. Deshmukh, the learned counsel appearing for the petitioners also pointed out that some of them, who have been posted with the Medical Colleges run by the Municipal Corporation, have been denied the basic amenities of housing etc. It was more particularly submitted that they are not being treated on par with the regularly appointed Assistant Professor or Medical Officer and are being treated as a floating population. Grievance was raised about the working conditions as well, including the overstretched duty hours almost on every day in a week.
However, Mr. Apte, the learned Senior Counsel, on taking instructions from the authorities concerned, has assured us that the bonded doctors posted with the Medical Colleges run by the Municipal Corporation would be allotted residential quarters on par with the Assistant Professors but subject to availability and 13/26 https://www.mhc.tn.gov.in/judis 14 the policy, as may change from time to time. We have also been assured that the duty hours will be properly regulated and the bonded doctors will be treated as if they are regularly appointed on the respective posts.
24.For the reasons elaborately stated herein-above, we direct as under:— (A) The bonded doctors with Super Specialty degrees (DM/M.ch) shall be appointed as Assistant Professors with the Medical Colleges run by the State Government or the Municipal Corporations or as Medical Officers with the hospitals attached to such colleges. They shall not be appointed as Medical Officers with the Civil Hospitals, Rural Hospitals or Primary Health Centres. However, they may be posted as Medical Officers with Super Specialty hospitals either run by the State Government or the Municipal Corporations, so long as these hospitals have the concerned Super Specialty facilities/services. They shall not be assigned administrative duties.
(B) The doctors with Broad Specialty (MD/MS) shall be appointed, as far as possible, as Assistant Professors/Medical Officers with the Medical Colleges or the Hospitals attached thereto and run by the State Government or the Municipal Corporations. Such doctors shall not be appointed/posted at Rural Hospitals and Primary Health Centres. We also make it clear that when a Broad Specialty doctor is posted or sought to be posted at a Civil Hospital or a General Hospital at the district level, it must be ensured that the infrastructure for his Broad Specialty is available. For example, if a doctor with M.S. degree is posted with the Civil Hospital, the other infrastructure must be 14/26 https://www.mhc.tn.gov.in/judis 15 available so that he is able to perform his duties as a general surgeon. We clarify that Medical Officers would also include Registrars, Senior Residents and Tutors.
(C) The PG Diploma holders may be posted at the Rural Hospitals or even in compelling circumstances with the Primary Health Centres, in addition to the postings that may be available to them with the Medical Colleges or the Super Specialty Hospitals or the Civil Hospitals.
(D) In case, adequate posts are not available for the posts of Super Specialty and Broad Specialty bonded doctors, the State Government will consider creating super numerary posts with Medical Colleges or the Hospitals attached to the Medical Colleges or the Super Specialty Hospitals. If it is not possible for the State Government to create such super numerary posts, the bonded doctors will be released from the bond. The creation of such super numerary posts will be decided within one month from the date of declaration of the results of the respective final examinations i.e. Super Specialty/Broad Specialty.
(E) The State Government shall create a Central Agency where the bonded doctors with Super Specialty/Broad Specialty as well as the P.G. Diploma holders will register their choices (on line) as soon as their final year examination gets over. The choices be limited to three postings. In addition, these doctors will also submit an application indicating such choices to the concerned Dean who, in turn, will forward these applications to the Central Agency appointed by the State Government. 15/26 https://www.mhc.tn.gov.in/judis 16 (F) The postings of Super Specialty/Broad Specialty bonded doctors be assigned to a committee of five members every year. The Committee for the postings of Super Specialty and Broad Specialty doctors will be separate from the Committee for the postings of PG Diploma holders and M.B.B.S. doctors. The Committee for the posting of Super Specialty/Broad Specialty doctors may consist of two Deans from the Government Medical Colleges, one Dean from the Medical Colleges run by the Municipal Corporations, the Director - Health Services and the Director for Medical Education and Research. The Committee so constituted shall complete the posting exercise within four weeks from the date of publication of the final examination results, as far as possible. The Committee for the postings of PG Diploma holders and M.B.B.S. bonded doctors may be constituted on similar lines.
(G) We also direct that the documents/certificates of the doctors from Super Specialty/Broad Specialty as well as PG Diploma holders and who have reported pursuant to the postings, be returned to them forthwith, unless the documents have already been returned. We also make it clear that if any such doctor, reporting to the posting made till now, abandons the posting, the State Government is at liberty to proceed against him/her so as to invoke the bond conditions for recovery of the cash amount.
(H) So far as the postings of 10 doctors at the Super Specialty Hospital at Nashik are concerned, we are informed that they have accepted these postings under protest and it is alleged that they are without any work of their Super Specialty. 16/26 https://www.mhc.tn.gov.in/judis 17 On instructions, the learned AGP disputes this allegation and he has placed before us a written report submitted by the Medical Superintendent, Regional Referal Hospital, Nashik. We are satisfied that it would be appropriate to call for a report from the Principal District Judge at Nashik on his visit to the said hospital.
11.The learned counsel for the petitioners further submitted that the petitioners are not averse to working in PHCs provided that there are facilities available, which are commensurate to their qualification and specialization. It was contended that if the petitioners are sent to PHCs without any facilities, the petitioners will not be able to perform their area of specialization and it will be against the interest of not only the petitioners, but also the general public who will not be able to get the specialized treatment in the absence of any facilities. The learned counsel further submitted that the in-service doctors are never sent to PHC or UPHC or APHC and their services are always utilized in hospitals, where the facilities are available. Hence, there is a clear discrimination shown against the non-service doctors. The learned counsel also pointed out to the various facilities that are available in the UPHC and the APHC to which the petitioners have been sent and submitted that the specialization 17/26 https://www.mhc.tn.gov.in/judis 18 of the petitioners can never be utilized with the available facilities and the entire exercise will serve no purpose.
12.Per contra, the learned Additional Government Pleader appearing on behalf of the respondents 1 to 3, submitted that the State Government is very serious about providing good facilities to poor people in the villages and rural areas and utilize the services of the PG doctors to provide the best treatment. It is to achieve this object, UPHCs and APHCs have been created and necessary facilities have been provided. The learned Additional Government Pleader further submitted that even the in-service PG doctors are being sent to UPHCs and APHCs and there is no discrimination shown between the in-service and non-service PG doctors. That apart, it was contended that a lot of money has been spent towards the petitioners and other similarly placed doctors and their services must be utilized during the bond period and that the petitioners are finding ways and means to avoid working in UPHCs and APHCs to which they have given their option and thereby end their bond period without rendering any service to the State Government.
13.This Court has carefully considered the submissions made on 18/26 https://www.mhc.tn.gov.in/judis 19 either side and the materials available on record.
14.All the petitioners have completed post-graduation in various disciplines. They have also executed a bond and undertaken to render service for two years. The State Government has spent a lot of money towards these doctors and these doctors must necessarily give back something to the society during the bond period by taking up appointments/postings in the places allotted and opted by those doctors at the time of counselling. These doctors are not going to render their service free of cost and they are going to be paid salary every month on par with the fresh recruits coming under the Tamil Nadu Medical Services. If the respondents fail to utilize the services of the petitioners within the bond period, they will lose the chance of making use of the specialization that has been gained by these doctors, who have completed post-graduation in various disciplines.
15.When it comes to doctors, who have completed post- graduation, they must be allotted work commensurate with their 19/26 https://www.mhc.tn.gov.in/judis 20 qualification and specialization. They cannot be sent to some basic PHCs which do not have any major facilities and where they cater to attending minor ailments or giving first aid to patients before they are referred to bigger hospitals. Such PHCs can be taken care even by doctors, who have completed MBBS and those doctors who have gained specialization, will not have any role to play in the absence of facilities. The judgment of the Bombay High Court that was cited by the leaned counsel for the petitioners makes this position clear. The earlier order passed by this Court also reiterates the very same position.
16.In the instant case, the respondents have created UPHCs and APHCs at the village level and in the rural areas and the State Government is very serious about providing best facilities to poor patients belonging to those areas. The facilities that are available in the UPHCs has also been elaborately stated in the counter affidavit. Insofar as the APHCs are concerned, they are basically attached to one of the UPHCs and they work in tandem with the concerned UPHC. 20/26 https://www.mhc.tn.gov.in/judis 21
17.The attempt made by the State Government to upgrade the PHCs and to provide facilities, is a slow process since it involves huge investments in procuring specialized equipments. The facilities that are presently available may not cater to all the specializations attained by the petitioners. However, a PG doctor cannot be permitted to state that he will work in a UPHC and / or APHC only if the specialization achieved by him is available. The PG doctors must bear in mind that the State Government has spent a lot of money on them and their services are attempted to be utilized. These doctors, can always join the concerned UPHCSs/ APHCs and can help the Government/Health Department by giving their suggestions and increasing the facilities available in the concerned PHCs. That apart, a poor person in a village or a rural area must also get the services of a specialist. Even though the petitioners have completed their course, that does not mean that they have become specialist doctors and it takes a long period of practice to achieve specialization. In fact that is the case with all professions. These doctors getting exposed at the PHCs can gain a lot of experience to hone their skills. Even to perform well in the chosen field of specialisation, an overall experience in handling patients in distress during the initial 21/26 https://www.mhc.tn.gov.in/judis 22 period of practise helps the doctor grow with a strong foundation.
18.It is the moral duty and the legal obligation of the non-service PG doctors to render service during the bond period. The petitioners were never forced to join the PHCs and they were given the option and accordingly, they have opted for UPHCs and APHCs. After having so opted, the petitioners cannot be allowed to wriggle out by stating that they do not have the necessary facilities in those PHCs. For further up-gradation of PHCs and APHCs, the State Government as well as the Medical Department require the inputs from the PG doctors to understand the type of facilities that should be enhanced in the concerned PHC. The PG doctors like the petitioners rather than finding excuses, must be more proactive in rendering their services and helping the poor and needy people in village and rural areas. The PG doctors cannot take the stand that they will only work in the hospitals with all facilities. If this stand is to be sustained, the services of most of the non-service PG doctors cannot be utilized during the bond period.
19.It is not as if only the non-service PG doctors are sent to 22/26 https://www.mhc.tn.gov.in/judis 23 UPHCs and APHCs. Even in-service post graduate doctors are being sent to these Centres.
20.The petitioners are hardly left with a few months to render their services during their bond period and hence instead of fighting a litigation before the Court, they should be more focused on rendering their services to poor people and helping the Government and Medical Department to upgrade the available facilities.
21.There are various instances where doctors with specialization have rendered their services in remote villages and rural areas without any facilities and they have paved way for creating new facilities for the poor people. This is the attitude with which the doctors are expected to render their services. The patients look at doctors who treat them like god when a precious life is saved and this Court expects doctors to maintain that standard and render service. The PG doctors cannot be heard to say that they will work only if all the facilities are available. “Let not Gods waste their time in litigation”.
22.In the light of the above discussion, this Court does not find any 23/26 https://www.mhc.tn.gov.in/judis 24 ground to interfere with the appointment/posting order issued by the Director of Public Health and Preventive Medicine and as a result, all these writ petitions stand dismissed. The petitioners are directed to report to duty in the Centres allotted to them on or before 10.02.2023. No costs. Consequently, the connected miscellaneous petitions are closed.
06.02.2023 KP Internet : Yes Index : Yes Speaking Order/Non Speaking Order Neutral Citation: Yes 24/26 https://www.mhc.tn.gov.in/judis 25 To
1. Principal Secretary The State of Tamil Nadu Health and Family Welfare Departments Secretariat, Chennai-600 009.
2. The Director of Medical Education Directorate of Medical Education Kilpauk, Chennai-600 010.
3. The Director of Public Health and Preventive Medicine Directorate of Public Health and Preventive Medicine 359, Anna Salai, Chennai-600 006.
4. Secretary National Medical Commission Pocket 14, Sector-8, Dwarka Phase I New Delhi-110 077.
25/26 https://www.mhc.tn.gov.in/judis 26 N.ANAND VENKATESH, J.
KP Common Order in W.P.Nos.1571, 1574, 1774, 1588, 1575, 1576, 1577, 1578,1579,1580,1581,1582, 1584,1585,1587,1589,1591,1592 and 1594 of 2023 06.02.2023 26/26 https://www.mhc.tn.gov.in/judis