A RATHINAVEL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Dr.A.Rathinavel is the petitioner in all these writ petitions. He joined the Tamil Nadu Medical Services as Assistant Surgeon on 21.06.1991. He obtained post graduate qualification (M.S. In General Surgery). He was therefore appointed as a Tutor/Senior Resident on 01.07.1996 by way of transfer. He also successfully completed post graduate super speciality degree course (M.Ch. in Cardio-Thoracic Surgery) on 01.04.2004. He was designated as Senior Assistant Professor in Cardio-Thoracic Surgery on 12.05.2005. He was promoted as Associate Professor in Cardio -Thoracic Surgery on 12.05.2007. He became a Professor in Cardio-Thoracic Surgery on 12.05.2011. He was transferred to Thanjavur Medical College, Thanjavur on 24.09.2011. He functioned there as Professor cum Head of the Department. He was transferred to Madurai Medical College, Madurai on 27.10.2015.

(2.) In the department of Cardio-Thoracic Surgery at Madurai Medical College during October 2015, the writ petitioner was the only Professor. Along with him, Dr.G.Josephraj was the Associate Professor and there were four Assistant Professors. When the petitioner was transferred to Madurai Medical College on 27.10.2015, Dr.G.Josephraj was functioning as Head of the Department (i/c). The writ petitioner wrote to the Dean requesting her to designate him as the Head of the Department. In turn, the Dean sent a letter to the Director of Medical Education on 03.11.2015 seeking clarification. Based on the clarification, the Dean issued proceedings dated 09.11.2015 posting the petitioner as Professor and Head of the Department of Cardio- Thoracic Surgery. However, in the said posting order there was a caveat stating that the petitioner shall occupy the said post only till the C.M.L (Civil Medical List) senior Dr.G.Josephraj gets re-designated as Professor. Aggrieved by this, WP(MD)No.23354 of 2015 came to be filed.

(3.) Thereafter, vide proceedings dated 08.04.2016, Dr.G.Josephraj was re- designated as Professor of Cardio Thoracic Surgery with effect from 10.08.201 Following his re-designation as Professor of Cardio Thoracic Surgery, he was posted as Professor and HOD of Cardio Thoracic Surgery, Maudrai Medical College, Madurai by proceedings dated 18.04.2016 by the Dean, Madurai Medical College, Madurai. This is assailed in WP(MD)No.7779 of 2016. The petitioner has also filed WP(MD)No.10454 of 2016 for issuing a Writ of Quo Warranto in respect of the eligibility of Dr.G.Josephraj to be designated as Professor in Cardio Thoracic Surgery.