R SENTHILNATHAN Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) WRIT Petition Nos.26180, 26576, 26585 and 27056 of 2010 have been filed by the respective petitioners serving as Government Medical Officers in the State of Tamil Nadu, seeking for issuance of writs of mandamus to forbear the 3rd respondent -Director of Medical Education, Chennai -10, from conducting any counselling for appointment to the post of Associate Professors and Professors in the Tamil Nadu Medical Services in any discipline based on the Draft Seniority List sent along with the proceedings of the said respondent bearing Reference No.78809/E1/1/10, dated 07.10.2010, sent to all the Deans of Medical Colleges/Medical Superintendents and Director of Upgraded Institutes; and consequently direct the 3rd respondent to await the preparation of the final speciality seniority list comprising the panel of Assistant Professors for promotion to the posts of Associate Professors and Professors for the year 2010 -11 and to complete the process of re -fitment of Professors in 1511 posts and Assistant Professors in 1420 posts till date in accordance with G.O. Ms. No.354, dated 23.10.2009, before conducting the aforesaid counselling.

(2.) ANOTHER Writ Petition in W.P. No.27217 of 2010 has been preferred with a prayer for issuance of a writ of mandamus, directing respondent Nos.2 and 3 viz., the Principal Secretary to the Government, Health and Family Welfare Department, Chennai -9, and the Director of Medical Education, Chennai -10, to complete forthwith the process of filling of the existing vacancies of Associate Professors and Professors in all specialities in various Government Medical Colleges in the State as initiated by the 3rd respondent as per his proceedings in Ref. No.78809/E1/1/10, dated 07.10.2010, in accordance with the Medical Council of India Regulations as well as G.O. Ms. No.354 (Health and Family Welfare Department B2), dated 23.10.2009.

(3.) FOR better appreciation, the case of the petitioners is briefly outlined here -under. The petitioners, after completing their MBBS Course, appeared in the Examinations conducted by the Tamil Nadu Public Service Commission (TNPSC) and, on emerging successful, they were appointed to the posts of Assistant Surgeon in the Tamil Nadu Medical Services. At the time of appointment, the successful candidates in the TNPSC were provided with an entry point number known as Civil Medical List (in short 'CML' Number) based on the marks obtained by them in the TNPSC Examination and other reservations including communal reservation. Subsequently, on completing their PG (Post Graduation) courses in various specialities and super -specialities, the petitioners continued to serve as Assistant Surgeons at various Government Hospitals/Health Centres in the State of Tamil Nadu. After sometime, they were relieved by the Director of Medical Service and posted by the 3rd respondent as Assistant Professors in the respective specialities. As per the MCI (Medical Council of India) Regulations, an Assistant Professor is eligible for promotion to the post of Associate Professor on completion of 2 years of service as Assistant Professor in a recognized Medical College. In the present cases, 3 years of teaching experience was prescribed as the minimum experience for promotion to the post of Associate Professor for those who undertook the 2 year Higher/Super Speciality Course. The petitioners, having completed the said 2 year Super Speciality Course, gained sufficient teaching experience in the Higher/Super Speciality Medical Education. As per the norms prescribed by the first respondent/MCI, the petitioners were eligible to be promoted to the post of Associate Professor long back; but, due to lack of adequate promotional opportunities and stagnancy at various levels in the cadre system, the petitioners could not get their due promotions. Therefore, the Tamil Nadu Govt. Doctors Association (TNGDA) made a request to the 2nd respondent for providing the Government Doctors with Dynamic Assured Career Progression (DACP) since promotional opportunities for the Government Doctors in the Medical Education were deficient. After considering the request made by TNGDA, the 2nd respondent issued G.O. Ms. No.194, Health and Family Welfare Department, dated 07.07.2009, constituting a Committee headed by the Special Secretary to the Government, Finance Department, to look into the promotional opportunities of Government Doctors at various levels. The Committee, after studying the situation and possible modalities to create better promotional opportunities to the Government Doctors, submitted its recommendations vide letter dated 03.08.2009. After considering the recommendations contained in the said letter, the first respondent issued G.O. Ms. No.354, Health and Family Welfare (B2) Department, dated 23.10.2009, prescribing the guidelines for promotion and other service conditions to the Government Doctors. Complaining that the said G.O. has not been applied in their case in its letter and spirit, the petitioners in the aforementioned 4 writ petitions have approached this Court for the issuance of mandamus as stated above.