S.SENTHILKUMARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) A common issue is involved in both the above writ petitions. Therefore, both the writ petitions are taken up together and a common judgment is passed.

(2.) The subject matter of challenge in W.P.No.14219 of 2019 is the promotion counseling for the post of Associate Professor in ENT and in W.P.No.14220 of 2019, the challenge is the promotion counseling for the post of Associate Professor in Vascular Surgery. In both the writ petitions, the petitioners have made a consequential prayer for a direction to the respondents to draw an year wise panel for the year 2018 and 2019 and conduct the promotion counseling in accordance with the relevant rules.

(3.) Both the petitioners are working as Assistant Professor in the concerned Medical Colleges and both of them are qualified and eligible to be considered for promotion to the post of Associate Professor. In both writ petitions, the inter se merits between the petitioners and the selected candidates was also seriously canvassed and this Court does not want to go into the said dispute since, the candidates have already joined their respective places after counseling and the decision to be rendered in both these cases will ultimately involve drawing up of year wise panel and consequential promotion counseling at which point of time, the authorities themselves can undertake the process of determining the inter se merits/seniority of the candidates and take a decision accordingly. This Court will mainly focus on considering the relevant provisions of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (herein after called as Act) and decide as to whether such preparation of year wise panel is mandatory and if so give appropriate directions to the respondents to prepare year wise panel and conduct the promotion counseling.