D. HARIHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The brief facts leading to the filing of these petitions are as follows:- On 11/10/2022, the Medical Services Recruitment Board (MRB), Government of Tamil Nadu, issued Notification No. 11/MRB/2022, in and by which, it invited applications for direct recruitment to 1021 vacancies in the post of Assistant Surgeon (General) in the scale of pay of Rs.56,100.001,77,500. The selection was by a process of written examination consisting of two papers, namely, Tamil Language Test and the Main Paper. All the writ petitioners had applied and participated in the selection process. The examination was conducted on 25/4/2023. On 23/6/2023, the Tamil Eligibility Test Result and the Final Answer Keys were released by the MRB. The objections to the key answers were also considered and the keys are finalised.

(2.) The Writ Petitions are resisted by the respondents by filing detailed counter-affidavits. As regards the claim of the private Doctors, the case of the respondents is that it was decided to extend the incentive for the Medical Officers who worked in Government Hospitals. Further, about 84% of the COVID-19 patients in the State were treated only in the Government Hospitals. These doctors who were unsuccessful in the earlier selection process, and whose list was readily available with the Government responded on short notice and call and volunteered by putting their life at risk and rendered selfless and yeoman service in the COVID-19 Wards. The Hon'ble Supreme Court of India had directed the Central Government and the State Governments to suitably incentivise these Health Care Professionals. Pursuant to which, this Court had passed an Interim Order. Therefore, it was decided to grant incentive marks as stated in the Government Order. It does not in any manner alter the eligibility criteria nor any tinkering is made to the selection process. The results are yet to be declared and the select list is yet to be published. Further, there is no verifiable mechanism in respect of any claim by the Doctors in private Hospitals. Further, it is not the case of the writ petitioners that they have done COVID-19 duty in private hospitals nor any such particulars are furnished.

(3.) Heard Mr.Suhrith Parthasarathy, learned Counsel appearing for the petitioners in W.P. No. 25827 of 2023; Mr.Vineeth Subramaniam, learned Counsel appearing for the petitioners in W.P. No. 25785 of 2023; Mr.R.Thamaraiselvan, learned Counsel appearing on behalf of the petitioners in W.P. No. 27568 of 2023; Mr.AR.L.Sundaresan, learned Additional Solicitor General of India appearing on behalf of the first respondent in W.P. No. 25827 of 2023; Mr.Ramanlaal, learned Additional Advocate General appearing on behalf of the respondents 2 and 3 in W.P. No. 25827 of 2023, respondents 1 to 3 in W.P. No. 25785 of 2023 and the respondents 1 and 2 in W.P. No. 27568 of 2023; Mr.J.Ravindran, learned Additional Advocate General appearing on behalf of the fourth respondents in W.P. No. 25827 of 2023, the fourth respondent in W.P. No. 25785 of 2023 and the third respondent in W.P. No. 27568 of 2023.