Medical, Legal, Medicolegal Information for Doctors and Lawyers

PART-HEARD ITEM NOS.4 & 5 COURT NO.1 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS TRANSFERRED CASE (CIVIL) NO.101 OF 2012 A.P.PVT.MEDICAL & DENTAL COLLEGE MGT.ASS Petitioner(s) VERSUS DR.N.T.R.UNIV.OF HEALTH SCIENCES & ANR. Respondent(s) (With appln(s) for impleadment) Transferred Case (C) No.100 of 2012 Transferred Case (C) No.102 of 2012 (With appln.(s) for impleadment) Transferred Case (C) No.103 of 2012 (With appln.(s) for impleadment) Writ Petition (C) No.480 of 2012 (With appln.(s) for ex-parte stay and office report) Transferred Case (C) No.104 of 2012 (With appln.(s) for impleadment) Transferred Case (C) No.105 of 2012 (With appln.(s) for impleadment) Writ Petition (C) No.468 of 2012 (With appln.(s) for directions and office report) Writ Petition (C) No.467 of 2012 (With appln.(s) for stay and office report) Transferred Case (C) No.107 of 2012 Transferred Case (C) No.108 of 2012 Writ Petition (C) No.481 of 2012 (With appln.(s) for ex-parte stay, exemption from filing O.T. and office report) Writ Petition (C) No.464 of 2012 (With appln.(s) for stay, impleadment as party respondent and office report) Transferred Case (C) No......./2012 @ T.P. (C) No.1534 of 2012 (With appln.(s) for ex-parte stay) ...2/-- 2 - Transferred Case (C) No......./2012 @ T.P. (C) No.1524 of 2012 (With appln.(s) for ex-parte stay and office report) Transferred Case (C) No....../2012 @ T.P. (C) No.1527 of 2012 (With appln.(s) for ex-parte stay, directions and office report) Transferred Case (C) No....../2012 @ T.P. (C) No.1532 of 2012 (With appln.(s) for ex-parte stay) Transferred Case (C) No....../2012 @ T.P. (C) No.1535 of 2012 (With appln.(s) for ex-parte stay and office report) Transferred Case (C) No....../2012 @ T.P. (C) No.1533 of 2012 (With appln.(s) for ex-parte stay, direction and office report) Transferred Case (C) No.110 of 2012 (With appln.(s) for impleadment) Transferred Case (C) Nos.132-134 of 2012 Transferred Case (C) Nos.117-118 of 2012 (With appln.(s) for impleadment) Transferred Case (C) Nos.115-116 of 2012 (With appln.(s) for impleadment) Transferred Case (C) Nos.125-127 of 2012 Transferred Case (C) Nos.113-114 of 2012 (With appln.(s) for impleadment) Transferred Case (C) Nos.128-130 of 2012 Transferred Case (C) Nos.121-122 of 2012 Transferred Case (C) No.112 of 2012 (With appln.(s) for impleadment) Transferred Case (C) No.131 of 2012 Transferred Case (C) Nos.123-124 of 2012 (With appln.(s) for impleadment) Transferred Case (C) No.111 of 2012 (With appln.(s) for impleadment) Transferred Case (C) No.120 of 2012 (With appln.(s) for impleadment) ...3/-- 3 - Transferred Case (C) No.119 of 2012 (With appln.(s) for impleadment) Transferred Case (C) Nos.135-137 of 2012 (With appln.(s) for impleadment) Transferred Case (C) Nos.138-139 of 2012 Transfer Petition (C) No.1446 of 2012 (With office report) Transfer Petition (C) No.1447 of 2012 (With office report) Writ Petition (C) No.511 of 2012 (With appln.(s) for stay and office report) Writ Petition (C) No.512 of 2012 (With appln.(s) for stay and office report) Writ Petition (C) No.514 of 2012 (With appln.(s) for stay and office report) Writ Petition (C) No.516 of 2012 (With appln.(s) for stay and office report) Writ Petition (C) No.519 of 2012 (With appln.(s) for stay and office report) Writ Petition (C) No.535 of 2012 (With appln.(s) for stay and office report) Transfer Petition (C) No.1588 of 2012 (With appln.(s) for ex-parte stay and office report) Transferred Case (C) No.142/2012 @ T.P. (C) No.364 of 2012 (With appln.(s) for ex-parte stay and office report) Writ Petition (C) No.483 of 2012 (With appln.(s) for ex-parte stay, permission to file additional documents and office report) Writ Petition (C) No.501 of 2012 (With appln.(s) for ex-parte stay and office report) Writ Petition (C) No.502 of 2012 (With appln.(s) for ex-parte stay and office report) ...4/-- 4 - Writ Petition (C) No.504 of 2012 (With appln.(s) for ex-parte stay and office report) Writ Petition (C) No.507 of 2012 (With appln.(s) for ex-parte stay and office report) Transferred Case (C) No......./2012 @ T.P. (C) No.1572 of 2012 Transfer Petition (C) No.1644 of 2012 (With appln.(s) for ex-parte stay and office report) Transfer Petition (C) No.1645 of 2012 (With appln.(s) for ex-parte stay and office report) Transfer Petition (C) No.1647 of 2012 (With appln.(s) for ex-parte stay and office report) Transfer Petition (C) No.1653 of 2012 (With appln.(s) for ex-parte stay and office report) Transfer Petition (C) No.1654 of 2012 (With appln.(s) for ex-parte stay and office report) Transfer Petition (C) No.1656 of 2012 (With appln.(s) for ex-parte stay and office report) Transfer Petition (C) No.1658 of 2012 (With appln.(s) for ex-parte stay and office report) Transferred Case (C) No.98 of 2012 (with appln.(s) for interim relief, intervention, impleadment and office report) Transferred Case (C) No.99 of 2012 (with appln.(s) for interim relief, impleadment and office report) Writ Petition (C) No.478 of 2012 (With appln.(s) for permission to file synopsis and list of dates, stay and office report) Date: 13/12/2012 This Matter was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE J. CHELAMESWAR ...5/-- 5 - For Petitioner(s) Mr. L.N. Rao,Sr.Adv. Mr. A. Ramesh,Adv. Mr. G. Madhavi,Adv. Mr. Y. Rajesh Kumar,Adv. Mr. C.S.N. Mohan Rao,Adv. Mr. D. Geetha,Adv. Mr. P.P. Rao,Sr.Adv. Mr. R. Venkataramani,Sr.Adv. Mr. G.N. Reddy,Adv. Mr. M. Rambabu,Adv. Mr. S. Nagarajan,Adv. Mr. K. Parasaran,Sr.Adv. Mr. Satish Parasaran,Adv. Mr. Senthil Jagadeesan,Adv. Mr. Krishna Dev,Adv. Ms. Sony Bhatt,Adv. Mr. K.K. Mani,Adv. Mr. Ashutosh Kaushik,Adv. Mr. Altaf Ahmed,Sr.Adv. Mr. Neeraj Shekhar,Adv. Mr. Ashutosh Thakur,Adv. Mr. K. Parasaran,Sr.Adv. Mr. Satish Parasaran,Adv. Mr. G. Umapathy,Adv. Ms. R. Nekhala,Adv. Mr. Rakesh K. Sharma,Adv. Mr. K.K. Trivedi,Adv. Mr. Priank Adhyaru,Adv. Mr. K.V. Sreekumar,Adv. Ms. Meenakshi Arora,Adv. Mr. Nidhesh Gupta,Sr.Adv. Mr. Amit Kumar,Adv. Mr. Avijit Mani Tripathi,Adv. Mr. Ravinder Kumar Katna,Adv. Mr. Ankit Rajgarhia,Adv. Mr. Subramonium Prasad,AAG.,TN. Mr. B. Balaji,Adv. Mr. P. Rakesh Sharma,Adv. Mr. P. Krishnamoorthy,Adv. Mr. Varun Tandon,Adv. ...6/-- 6 - Mr. K.K. Venugopal,Sr.Adv. Mr. Shashi Kiran Shetty,Adv. Mr. Sharan Thakur,Adv. Dr. Sushil Balwada,Adv. Mr. K.K. Venugopal,Sr.Adv. Mr. K. Shashi Kiran Shetty,Adv. Mr. S. Udaya Kumar Sagar,Adv. Ms. Bina Madhavan,Adv. Ms. Anindita Pujari,Adv. Mr. Praseena E. Joseph,Adv. for M/s. Lawyers' Knit & Co.,Advs. Mr. L.N. Rao,Sr.Adv. Mr. R. Jagannath Goulay,Adv. Ms. E.S. Sumathy,Adv. Dr. Rajiv Dhavan,Sr.Adv. Mr. Naveen R. Nath,Adv. Ms. Lalit Mohini Bhat,Adv. Ms. Hetu Arora,Adv. Mr. Darpan K.M.,Adv. Mr. Mukul Gupta,Sr.Adv. Mr. Rudreshwar Singh,Adv. Mr. Rakesh Gosain,Adv. Mr. Kaushik Poddar,Adv. Mr. Gopal Jha,Adv. Mr. S. Chandra Shekhar,Adv. Mr. K.K. Venugopal,Sr.Adv. Mr. T. Meikandan,Adv. Mr. Kumar Dushyant Singh,Adv. Mr. Dharmendra Kumar Sinha,Adv. Mr. Jayanth Muth Raj,Adv. Ms. Malavika,Adv. Mr. Sureshan P.,Adv. Mr. L.N. Rao,Sr.Adv. Mr. Mahesh Agarwal,Adv. Mr. Rishi Agarwal,Adv. Mr. E.C. Agrawala,Adv. Mr. Lakshmeesh K. Kamath,Adv. Mr. Abhijat P. Medh,Adv. Mr. Ranjan Kumar,Adv. ...7/-- 7 - Mr. K. Parasaran,Sr.Adv. Mr. Satish Parasaran,Adsv. Mr. Muthiah Kannan,Adv. Mr. V. Balachandran,Adv. Mr. P. George Giri,Adv. Mr. R. Venkataramani,Sr.Adv. Mr. V.G. Pragasam,Adv. Mr. S.J. Aristotle,Adv. Mr. Prabu Ramasubramanian,Adv. Mr. Aljo K. Joseph,Adv. Ms. Supriya Garg,Adv. Ms. Neelam Singh,Adv. Mr. Shodhan Babu,Adv. Mr. Harish N. Salve,Sr.Adv. Mr. V. Giri,Sr.Adv. Ms. Sangita Chauhan,Adv. Mr. Sanjay Misra,Adv. Mr. Rakesh K. Sharma,Adv. Mr. Harish N. Salve,Sr.Adv. Mr. P.H. Parekh,Sr.Adv. Mr. E.R. Kumar,Adv. Mr. Sameer Parekh,Adv. for M/s. Parekh & Co.,Advs. For Respondent(s) Mr. Y. Raja Gopala Rao,Adv. Mr. Nidhesh Gupta,Sr.Adv. Mr. Amit Kumar,Adv. Ms. Rekha Bakshi,Adsv. Mr. Avijit Mani Tripathi,Adv. Mr. Ankit Rajgarhia,Adv. Mr. Ravinder Kumar,Adv. Mr. Tara Chandra Sharma,Adv. Ms. Neelam Sharma,Adv. Mr. Rajeev Sharma,Adv. Mr. Dinesh Kumar Aggarwal,adv. Mr. Sukh Deo Singh,Adv. Mr. Rudreshwar Singh,Adv. Mr. Rakesh Gosain,Adv. Mr. Gopal Jha,Adv. Mr. Kaushik Poddar,Adv. ...8/-- 8 - Mr. K.K. Mani,Adv. Mr. A.S. Rao,Adv. Mr. Ashutosh Kaushik,Adv. Mr. Siddharth Luthra,ASG. Ms. Rahsmi Malhotra,Adv. Mr. Ritin Rai,Adv. Ms. Supriya Juneja,Adv. Mr. Arjun Deewan,Adv. Ms. Sushma Suri,Adv. For AIIMS: Mr. Mukul Gupta,Sr.Adv. Ms. Suruchii Aggarwal,Adv. Mr. Rishab Kaushik,Adv. Mr. Rahul Tomar,Adv. Mr. Pradip K. Ghosh,Sr.Adv. Mr. Jaideep Gupta,Sr.Adv. Mr. Rauf Rahim,Adv. Ms. Devyani,Adv. Mr. Yadunandan Bansal,Adv. Mr. Amitesh Kumar,Adv. Mr. Ravi Kant,Adv. Mr. Chandra Shekhar Singh,Adv. Mr. Gopal Singh,Adv. Ms. Pratibha M. Singh,Adv. Ms. Surbhu Mehta,Adv. Mr. Gaurav Sharma,Adv. Mr. Sanjay R. Hegde,Adv. Mr. S. Nitin,Adv. Mr. Anil Kumar Mishra-I,Adv. Mr. P.P. Rao,Sr.Adv. Mr. R. Venkataramani,Sr.Adv. Mr. G.N. Reddy,Adv. Mr. M. Rambabu,Adv. Mr. S. Nagarajan,Adv. Mr. V. Prabhakar,Adv. Mr. R. Chandrachud,Adv. Ms. Jyoti Prashar,Adv. Mr. Girish Ananthamurthy,Adv. Ms. Vaijanthi Girish,Adv. ...9/-- 9 - Mr. Abdhesh Chaudhary,Adv. Mr. Amit Jaiswal,Adv. Mr. Rajiv Ranjan Dwivedi,Adv. Ms. Hemantika Wahi,Adv. Ms. Jesal,Adv. Ms. Nandani Gupta,Adv. UPON hearing counsel the Court made the following O R D E R Place these matters on 15th January, 2013. In the meantime, the Medical Council of India, the Dental Council of India, as well as the States and Universities and other Institutions, will be entitled to conduct their respective examinations for the M.B.B.S, B.D.S. and PostGraduate courses, but shall not declare the results of the same, until further orders of this Court. Learned counsel for the respective parties are all directed to make available their written submissions by 7th January, 2013. Let copies of this Order be made available to the advocates on-record for the respective parties for communication to the concerned Authorities. Wide publicity may also be given to this Order by the States, Union of India, Medical Council of India and the Dental Council of India so that the students, who are intending to sit for the entrance examination, may have knowledge of the same. [ T.I. Rajput ] [ Juginder Kaur ] A.R.-cum-P.S. Assistant Registrar [Signed order is placed on the file]IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFERRED CASE (C) NO.101 OF 2012 A.P. Private Medical and Dental College Management Association ...Petitioner(s) Versus Dr. N.T.R. University of Health Sciences & Anr. ...Respondent(s) W I T H Transferred Case (C) No.100 of 2012, Transferred Case (C) No.102 of 2012, Transferred Case (C) No.103 of 2012, Writ Petition (C) No.480 of 2012, Transferred Case (C) No.104 of 2012, Transferred Case (C) No.105 of 2012, Writ Petition (C) No.468 of 2012, Writ Petition (C) No.467 of 2012, Transferred Case (C) No.107 of 2012, Transferred Case (C) No.108 of 2012, Writ Petition (C) No.481 of 2012, Writ Petition (C) No.464 of 2012, Transferred Case (C) No......./2012 @ T.P. (C) No.1534 of 2012, Transferred Case (C) No......./2012 @ T.P. (C) No.1524 of 2012, Transferred Case (C) No....../2012 @ T.P. (C) No.1527 of 2012, Transferred Case (C) No....../2012 @ T.P. (C) No.1532 of 2012, Transferred Case (C) No....../2012 @ T.P. (C) No.1535 of 2012, Transferred Case (C) No....../2012 @ T.P. (C) No.1533 of 2012, Transferred Case (C) No.110 of 2012, Transferred Case (C) Nos.132-134 of 2012, Transferred Case (C) Nos.117-118 of 2012, Transferred Case (C) Nos.115-116 of 2012, Transferred Case (C) Nos.125-127 of 2012, Transferred Case (C) Nos.113-114 of 2012, Transferred Case (C) Nos.128-130 of 2012, Transferred Case (C) Nos.121-122 of 2012, Transferred Case (C) No.112 of 2012, Transferred Case (C) No.131 of 2012, Transferred Case (C) Nos.123-124 of 2012, Transferred Case (C) No.111 of 2012, Transferred Case (C) No.120 of 2012, Transferred Case (C) No.119 of 2012, Transferred Case (C) Nos.135-137 of 2012, Transferred Case (C) Nos.138-139 of 2012, Transfer Petition (C) No.1446 of 2012, Transfer Petition (C) No.1447 of 2012, Writ Petition (C) No.511 of 2012, Writ Petition (C) No.512 of 2012, Writ Petition (C) No.514 of 2012, Writ Petition (C) No.516 of 2012, Writ Petition (C) No.519 of 2012, Writ Petition (C) No.535 of 2012, Transfer Petition (C) ....2/-- 2 - No.1588 of 2012, Transferred Case (C) No.142/2012 @ T.P. (C) No.364 of 2012, Writ Petition (C) No.483 of 2012, Writ Petition (C) No.501 of 2012, Writ Petition (C) No.502 of 2012, Writ Petition (C) No.504 of 2012, Writ Petition (C) No.507 of 2012, Transferred Case (C) No......./2012 @ T.P. (C) No.1572 of 2012, Transfer Petition (C) No.1644 of 2012, Transfer Petition (C) No.1645 of 2012, Transfer Petition (C) No.1647 of 2012, Transfer Petition (C) No.1653 of 2012, Transfer Petition (C) No.1654 of 2012, Transfer Petition (C) No.1656 of 2012, Transfer Petition (C) No.1658 of 2012, Transferred Case (C) No.98 of 2012, Transferred Case (C) No.99 of 2012 and Writ Petition (C) No.478 of 2012 O R D E R In all these matters, which are before us, the main question which has been urged is with regard to the applicability of the decision by the Medical Council of India to conduct National Eligibility and Entrance Test for both M.B.B.S. and Post-Graduate Courses for Medicine. In addition to the above, there is also the question of admission into B.D.S. and M.D.S. Examinations. Having heard learned counsel representing different parties, while we are of the view that the main matters which are pending need to be heard and decided at an early stage, the time taken in hearing the matters should be utilised in allowing the students to sit for their respective examinations, which are already notified. Accordingly, let all the transferred cases, as well as the writ petitions, be listed for final hearing and disposal, irrespective of other part-heard or specially fixed matters on 15th, 16th and 17th January, 2013. In all the matters where transfer has not yet been completed, those transfer petitions shall stand allowed and all the petitions, pending in the various courts, should be ...3/-- 3 - transferred to this Court by 15th January, 2013, and be treated as Transferred cases and be listed along with these Transferred cases and the writ petitions. In the meantime, the Medical Council of India, the Dental Council of India, as well as the States and Universities and other Institutions, will be entitled to conduct their respective examinations for the M.B.B.S, B.D.S. and PostGraduate courses, but shall not declare the results of the same, until further orders of this Court. Learned counsel for the respective parties are all directed to make available their written submissions by 7th January, 2013. Let copies of this Order be made available to the advocates on-record for the respective parties for communication to the concerned Authorities. Wide publicity may also be given to this Order by the States, Union of India, Medical Council of India and the Dental Council of India so that the students, who are intending to sit for the entrance examination, may have knowledge of the same. .........................CJI. [ALTAMAS KABIR] ...........................J. [SURINDER SINGH NIJJAR] ...........................J. [J. CHELAMESWAR] New Delhi, December 13, 2012. -tir-

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(SPECIAL ORIGINAL JURISDICTION)

W.P.No. 4016 of 2008

1. Dr. Shyam Sundar Singh,
29, Thalavai Amman Koil Street,
Samathanapuram, Palayamkottai,
Tirunelveli – 627 002.

2. Dr. V. Sundarajan,
No.5 Yadava Street,
Udayar Patti,
Thirunelveli 627 001

3. Dr. V. Karthikeyan,
Plot No. 8, Bell Amorces Colony II,
Opposite to Court, Palayamkottai,
Thirunelveli – 627 002

4. Dr.K. Prakash Bose,
No. 8, Puladi Ramasamy Iyer Street,
South Gate, Madurai – 625 001. ..Petitioners


Vs.

1. The Government of Tamil Nadu,
Rep. by its Secretary to the Government,
Health and Family Welfare (B2) Department.
Fort St.George,
Chennai – 600 009.

2. The Director of Public Heath and Preventive Medicine,
1st Floor, DMS Building,
No.359, Anna Salai, Teynampet,
Chennai – 600 006.

3. Tamil Nadu Government Doctors Association,
Rep. by the State Secretary,
No.208, Government Rajaji Hospital,
Madurai-625 020 …Respondents

A. By GO 302 dated 20-11-2006 the government, in exercise of the powers conferred under rule 48 of the General rules contained in part II TN state and subordinate Service Rules in Vol I of the TN Service Manual relaxed rule 10 (a ) (1) of General Rules for TN state and subordinate Services to enable the government to appoint 153 contract medical officers and 1352 Contract medical Consultants temporarily as Assistant Surgeons without any exams being conducted, in the TN Medical Service pending passing of Special qualifying exam proposed to be conducted by the TNPSC for regularizing their services. This appointment was not done through the appointing Authority (Director of Public Health and Preventive Medicine, Chennai). However it is pertinent to note that the some doctors who were not even registered in Employment Exchange were given postings. Moreover a doctor who had registered later in one district was given posting before another doctor who had registered earlier in another district as appointments were made district wise. 

B. By GO No. 302 dated 20-11-2006 they were permitted to appear for the special TNPSC and they were appointed as Assistant Surgeons temporarily in the TN Medical Service in relaxation of rule 10(a) (1) of the General Rules. when the services of the contract doctors were regularized and they joined as permanent Assistant Surgeons in Tamil Nadu Medical Service. The Petitioners have no objection in the regularization of the services of the 153 contract medical officers and 1352 Contract medical Consultants . However even before GO No. 302 dated 20-11-2006, 213 contract doctors passed the TNPSC exam and pursuant thereto they were appointed as Assistant surgeons w.e.f from 29-06-2006.

C. But the Petitioners are aggrieved by the GO 95 dated 05-02-2008 by which the period prior to their appointment as Assistant Surgeon on 29-06-2006 after passing the TNPSC exam (excluding their leave period ) it has been stated that their services as contract doctors shall be taken into consideration in order only to apply for Post Graduate course as service candidates to fulfil the mandatory service of 3 years as on 31.03.2008. As already mentioned there are 213 such Assistant surgeons who fall under this category and will get the benefit of this GO. It has to be noted that the same GO states that medical officer should not claim the period prior to 29-06-2006 for retrospective regularisation of their services in the post of Assistant Surgeon. Thus while the working as contract medical officers during the period prior to 29-06-2006 is not taken note of for regularisation with retrospective effect it is arbitrary to take note of the period while they worked as contract medical officers prior to their regularisation of service ie 29-06-2006 (excluding their leave period) shall be taken into consideration in order only to apply for Post Graduate course as service candidates to fulfil the mandatory service of 3 years as on 31.03.2008. There is no rationale for giving the benefit of mandatory 3 year period to contract medical officers even before their services were regularised after qualifying in the TNPSC exam. The Petitioners qualified in the TNPSC exam much before the said Contract Medical Officers & Consultants and they cannot be asked to compete with persons who have not put in mandatory service of 3 years after qualifying in the TNPSC Exam. The petitioners are MBBS doctors who have been regularly appointed as Assistant Surgeons in the Tamil Nadu Medical Service after passing the TNPSC exam even in the year 2000. Thus permitting Assistant Surgeons appointed on 29-06-2006 and who have not put in 3 years of regular service after passing the TNPSC as on 2008 to write the PG entrance test along with Assistant Surgeons who passed the TNPSC in the year 2000 and got regularly appointed as Assistant Surgeons in the Tamil Nadu Medical Service in the year 2000 satisfying the 3 year mandatory requirement amounts to treating unequals as equals and thus violating article 14 of the Constitution. The GO 95 dated 05-02-2008 is liable to be set aside as violative of article 14 of the constitution.

D. The prospectus for the Post Graduate exams for 2008-2009 which is proposed to be conducted on 24.02.2008 has laid down a number of eligibility criteria among which doctors who are in Service and who have less than 3 years mandatory service after being selected by regular TNPSC would not be qualified as service candidates (CLAUSE 23). Besides that Clause 55 of the said Prospectus also lays down that Medical Officers selected by the TNPSC and appointed in Tamil Nadu Medical service on regular basis who have put in a minimum of 3 years continuous service as 31.03.2008 will be treated as Service candidates . The number of PG seats available for service candidates is approximately 250. Therefore it will highly prejudicial to the petitioners and similarly placed service candidates if around 213 contract doctors who do not have the mandatory 3 year after passing the TNPSC are being allowed to be considered as service candidates under the impugned G.O to compete with the Petitioners for the PG seats reserved for service candidates it will affect the chances of the petitioners in getting admission to PG Course. GO 95 dated 05-02-2008 is illegal in so far as it allows the said 213 contract medical doctors to write the PG exam as service candidate.

E. Even while the Contract doctors were appointed as medical officers and consultants they were clearly informed in G.O.No.197 dated 07-06-2004 and GO 31 dated 03-03-2005 that the contract appointee shall not claim any rights as a full time member of service since it was purely a contract appointment and the contract period shall not give entitlement to claim eligibility for admission to a post graduate course as a service candidate and that the contract appointee shall not be entitled to probationary or any other rights. Hence it is unreasonable to suddenly change the policy and take the period of contract employment for the purpose of the 3 year mandatory government service and make them eligible for the PG seats reserved for Service candidates having 3 years mandatory service while the 213 contract doctors passed theTNPSC  exam only in 2006 and got regularly appointed as Assistant Surgeon in Tamil Nadu Medical service only on 29-06-2006.Any change in policy should be informed by reason. No reason has been assigned to permit the 213 contract doctors to have the benefit of the contract period for reckoning the 3 year mandatory requirement of service except to state that the impugned G.O. has been passed based on the representation of the 3rd Respondent Association and the recommendation of the 2nd Respondent. The Impugned G.O is arbitrary and is liable to be set aside. 

From http://www.hindu.com/2008/12/15/stories/2008121558780900.htm

GO.Ms.No 197 dated 07.06.2004 can be seen at http://www.doctorsandlaw.com/2004/06/go-ms-no197-dated-762004-upgraded.html

That is the GO regarding appointment of CMO (contract medical officers)

The point is
6. The Medical Officers working on contract are not eligible to apply for Post Graduate course as a Service candidate.

GO.Ms.No 31 dated 03.03.2005 can be seen at http://www.doctorsandlaw.com/2005/03/godno31-health-and-family-welfare.html

That is the GO regarding appointment of CMC (contract medical consultants)

6. The Contract Medical Consultant is not eligible to apply for Post Graduate course as a service candidate

These were the original GOs

However there was a GO (D) No 95 dated 05.02.2005 in which CMOs/CMCs who had cleared regular TNPSC 2005 were permitted to appear for TNPG 2008 as Service Candidates if they had completed 3 years of Service

The GO is available at http://www.targetpg.com/exams/tnpg/2008/

WP No 4016 & 4147/2008
MP. Nos.1,1,2,3,5,6/2008

The Order reads as below

1. This court heard the learned counsel on either side and also perused the material records place

2. All 213 candidates who relies on GO.Ms.No.95 daated 05.02.2008 are selected by TNPSC only on 29.06.2006, though they worked on contract basis from 2004 onwards.

It is seen from previous GO.Ms.No 197 dated 07.06.2004 and GO.Ms.No 31 dated 03.03.2005 and also in the agreement dated 20.11.2006 entered into them with the government that it is categorically found mentioned that the said persons are not eligible to apply for PG course as service candidates. Hence, the said 213 persons cannot be treated as service candidates. Based on this order, seat can be filled up and posting be made.

These writ petitions are disposed of accordingly.
No Costs.

Consequently the connected MPs are closed