MIMMY SANGEETH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus directing the respondents 1 to 3 to fill up the fourth post of Assistant Professor / Tutor in Anatomy in Kanyakumari Government Medical College by considering the petitioner's qualification, Post Graduate Medical Degree in Anatomy in accordance with Medical Council of India Regulations - Minimum Qualification for Teachers in Medical Institutions (Amendment) Regulations, 2017 as per the circular issued by the second respondent in Ref.No.4053/E3/1/ 2019-TC, dated 30.08.2019.

(2.) The case of the petitioner is that the petitioner was appointed as Assistant Surgeon in Tamil Nadu Medical Service on 28.09.2017 through regular Medical Recruitment Board. Since she was qualified with Post Graduate Medical Degree in Anatomy in the year 2015 itself, she was transferred and appointed as Tutor/ Assistant Professor in Kanyakumari Government Medical College on 12.10.2017.

(3.) It is the further case of the petitioner that the Assistant Professor/ Tutor in Anatomy is a teaching post available only in Government Medical College and Hospitals under the Directorate of Medical Education (DME) side. The first respondent issued G.O.(4D) No.2 Health and Family Welfare Department, dated 15.02.2019 inorder to streamline the teaching posts sanctioned in Government Medical College and Hospitals. The Hospitals are re-organized and re-structured by sanctioning the post matrix in Government Medical College and Hospitals and attached institutions under the control of DME as per the Annexure to the Government Order.