R SELVARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) BY consent of both parties, the writ petitions are taken up for final disposal.

(2.) THE common prayer in these writ petitions is to quash G.O.Ms.No.1187, Health and Family Welfare Department, dated 18.9.2007, promoting the third respondent as Reader in Spine Surgery, Madras Medical College/Government General Hospital, Chennai, and consequently direct the first respondent to promote the petitioners herein as Reader in Spine Surgery, Madras Medical College.

(3.) MRS. Nalini Chidambaram, learned Senior Counsel for the petitioners submitted that the impugned order passed by the first respondent giving promotion to the third respondent as Reader in Spinal Surgery in Madras Medical College/Government General Hospital, Chennai, even though temporary under Rule 39 of the Tamil Nadu State and Subordinate Service Rules, the third respondent is not qualified for the post of Reader as per the adhoc rules as well as the Medical Council of India regulations. The learned Senior Counsel further submitted that when Dr. Nalli R.Yuvaraj was promoted as Reader by order dated 25.6.2007, the third respondent filed W.P.No.21767 of 2007 and challenged the order of promotion given to the said Dr.Nalli R.Yuvaraj under Rule 39. In the said writ petition, the second respondent filed counter affidavit on 11.7.2007 stating that the third respondent was having only 4 years of teaching experience in the Orthopaedics department after acquiring MS (Ortho) degree and the third respondent was denied promotion due to want of qualification viz, experience and the said Dr.Nalli R.Yuvaraj was given promotion after considering his merits and as per the adhoc rules. The said Dr.Nalli R.Yuvaraj was also having DNB degree awarded by the National Board of Examinations, which is a recognised degree and eligibility for promotion to the post of Reader is to be ascertained as per the adhoc rules and MCI regulations. The learned Senior Counsel pointing out the said counter affidavit, submitted that the third respondent having been found unqualified for promotion even under Rule 39, cannot be promoted as Reader in Spine Surgery Unit before his completion of five years of experience after acquiring MS Degree, particularly when there are several qualified candidates available and therefore the learned Senior Counsel sought to set aside the impugned order with a direction to the respondents 1 and 2 to promote a fully qualified person to the post of Reader either under Rule 39 or on permanent basis.