R. SOWMYAA Vs. SECRETARY

JUDGEMENT

(1.) <P align=center>"Doctors Differ; Patients Suffer"

(2.) The petitioners are aspiring to undertake further studies in Post Graduate course and all of them were qualified in NEET Examination and have obtained various ranks. The first respondent-Principal Secretary to Government, Health and Family Welfare Department, issued G.O.(D).No.411, Health and Family Welfare (MCA-1) Department, dated 15.03.2018, based on the recommendation of the third respondent-Selection Committee, represented by its Secretary/Additional Director of Medical Education, with regard to the service candidates for the purpose of allotment of seats which is the subject matter of the Writ Petitions and the said Clause is extracted above.

(3.) The petitioners are all in-service candidates. The sum and substance of the contention of the petitioners is that the lady Doctors who have taken maternity leave, have been excluded for the purpose of undertaking Post Graduate Course, as the period of leave has been excluded from Earned Leave from the purview of the continuous service. The Earned Leave will have to be taken into account without break in service and it cannot be treated on par with unauthorised absence. In respect of the previous year 2017-2018, the relevant Clause in the Prospectus in Clause 10(a)(i) reads as follows: