The petitioner has challenged his non-selection for DM Nephrology course for the academic year 2016 – 2017. The petitioner is a post graduate holder of M.D. in General Medicine. He entered into Government service as Assistant Surgeon on 25.05.2013, as a temporary appointee on Udayarpallayam, Government Hospital, Ariyalur, under the control of Director of Medical Services. With regard to his regularisation, the petitioner already obtained a direction from this court in W.P.No.7862 of 2016 dated 03.03.2016.
2. In these circumstances, the petitioner applied for DM tests as per the prospectus for the academic year 2016 – 2017 but he was not selected. His non-selection is being challenged before this court.
3. Heard Mr.G.Justin, learned counsel appearing for the petitioner and Mr.Sanjay Gandhi, learned counsel appearing for the first and second respondent.
4. A perusal of the records, especially Clause 9 of the prospectus would reveal that even for applying, the candidate should be a Medical Officer selected by TNPSC/MRB and appointed in the Tamil Nadu Medical services on regular basis or Medical Officers serving continuously for two years in the local bodies of Tamilnadu as on 30.06.2016. Clause 9 of the prospectus is usefully extracted as follows -
“(a) Medical Officers selected by the TNPSC/MRB(Through competitive written Examination and appointed in the Tamil nadu Medical Service on regular basis, who have put in minimum of two years of continuous regular service as on 30.06.2016 are eligible.
(b) Medical Officers serving continuously for two years in Local Bodies of Tamil nadu as on 30.06.2016 are eligible.”
5. The petitioner is admittedly a temporary appointee and therefore, he is not liable under Clause 9 (a). Similarly, he has not served in any Local Bodies of Tamil Nadu. Therefore, under Clause 9 (b) also, he is not entitled to. Hence, his non-selection for DM Nephrology course for the academic year 2016 – 2017 is justified.
6. In the result, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
07.03.2017 rgr/msvm Index : Yes/No To
1. The Director of Medical Education, The Directorate of Medical Education, Kilpauk, Chennai – 600 010.
2. The Secretary, Selection Committee, The Directorate of Medical Education, Kilpauk, Chennai – 600 010.
3. Dr.T.Govindamurugan, 1st year DM Nephrology Madras Medical College, Chennai – 3.
4. Dr.G.Gowthaman 1st year DM Nephrology, Government Stanley Medical College, Chennai – 01.
N.KIRUBAKARAN., J.
rgr
W.P.No.27385 of 2016
07.03.2017
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