A LAKSHMANASWAMY Vs. DIRECTOR OF MEDICAL EDUCATION

JUDGEMENT

(1.) Respondents 2 to 5 were seniors to the petitioner in the service governing them. As respondents 2 to 5 gave a request in pursuant to which they have relinquished their right for a temporary period of three years, which is accepted. By way of policy, one time personnel oriented promotion has been formulated by the Government of Tamil Nadu in G.O.Ms.No. 354, Health and Family Welfare (B2) Department, dated 23.10.2009 to those who have completed 20 years of service without promotional opportunity. Due to formation and finalization of the rules and regulations for the said scheme, the promotional counseling was not held for the year 2010. The counseling was fixed in the month of February 2011 with the eligibility criteria of teaching experience as on 15.3.2011 for the vacancies as on 30.3.2011. The panel for eligible candidates as on 15.3.2011 was prepared as per the seniority in the CML list. The eligibility of respondents 2 to 5, who have completed three years after relinquishment as on 4.3.2011, has been taken into account, as the cut off date was 15.3.2011. Since the counseling was conducted in the month of February 2011, the petitioner has come forward to file this writ petition on the ground that as on the crucial date respondents 2 to 5 having been not qualified ought not to have been considered.

(2.) Learned counsel for the petitioner submitted that admittedly the counseling was held on 4.2.2011 for the post of Associate Professor in Paediatrics. Admittedly, respondents 2 to 5 as on that date are not qualified. Therefore, their selection will have to be set aside. In any case, they have to be placed below the petitioner.

(3.) Per contra, learned counsel appearing for respondents 2 to 5 submitted that the counseling is only meant for transfer and placing. The promotional order has been passed on 29.4.2011. The crucial date has been fixed on 15.3.2011 which has become final. Therefore no interference is required.