IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 12-11-2008 Coram The Honourable Mr.Justice N.PAUL VASANTHAKUMAR W.P.No.13957 of 2007 M.P.Nos.1 and 2 of 2008 Dr.G.Elangovan ... Petitioner Vs. 1. The Director of Medical Education, E.V.R.Road, Kilpauk, Chennai - 10. 2. The State of Tamil Nadu, rep.by the Secretary to Government, Department of Health and Family Welfare, Fort St.George, Chennai - 9. ... Respondents Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of mandamus directing the respondents to consider the name of the petitioner for promotion as Reader in Medicine as per the order of the first respondent dated 9.2.2007 in Ref.No.7512/E1/1/2007. For Petitioner : Mrs.Hema Sampath, Senior Counsel for Ms.R.Meenal For Respondents : Mr.K.H.Ravikumar, Government Advocate O R D E R
By consent of both sides the writ petition is taken up for final disposal.
2. Prayer in the writ petition is to issue a writ of mandamus directing the respondents to consider petitioner’s name for promotion as Reader in Medicine as per the order of the first respondent dated 9.2.2007.
3. The brief facts necessary for disposal of the writ petition are as follows:
(a) The petitioner has passed P.G.Degree in General Medicine (M.D) in the year 1983 and passed M.D. degree with Gold Medal. Petitioner was appointed as an Assistant Surgeon on 30.6.1983 and he joined duty in the Government Headquarters Hospital at Cuddalore. He was promoted as Senior Civil Surgeon on 24.1.2001 and he was posted to serve in the Primary Health Centre at Nagapattinam. Petitioner is having about 23 years of unblemished record of service.
(b) According to the petitioner, when he was working in Cuddalore Headquarters Hospital as Assistant Surgeon, he was appointed as Honorary Lecturer in Medicine in Rajah Muthiah Medical College, Chidambaram, by the Annamalai University for the period from July, 1989 to March, 1992 in terms of the letter of the Government bearing No.19 Health, dated 3.1.1989. The Government Headquarters Hospital at Cuddalore is recognised as Teaching Hospital for the MBBS students of Rajah Muthiah Medical College, Chidambaram, and during his service as Honorary Lecturer, he was paid honorarium by the Rajah Muthiah Medical College.
(c) In the civil medical list of Medical Officers, which is the seniority list maintained by the State Government, petitioner is assigned rank No.1396 as per the list of the year 2005. Petitioner rendered teaching service in the above said Rajah Muthiah Medical College, Chidambaram, for about 32 months.
(d) The Directorate of Medical Service released the petitioner to join in the Directorate of Medical Education as Lecturer in Medicine and the petitioner was posted in Government Peripheral Hospital, attached to the Madras Medical College, Periyar Nagar, Chennai-82, from 27.10.2004. According to the petitioner, he has put in 61 months i.e., five years and one month of service as Lecturer in Medicine.
(e) The qualifications for teachers in the Medical Institutions was published by the Government of India in Part-III, Section 4 of the Gazette of India, dated 5.12.1998, by the Medical Council of India, as per which, for the post of Reader/Associate Professor in the Department of Medicine, M.D. (Medicine) or M.D. (General Medicine) and five years of experience in a recognised Medical College as Assistant Professor or Lecturer in General Medicine/Medicine are required and the desirable qualification is research publication indexed in Index Medicus/National Journalism.
(f) According to the petitioner, he is fully qualified as per the above eligibility prescribed. The first respondent in his proceedings dated 18.12.2006 directed the Civil Surgeon Medical Officer working in Government Peripheral Hospital, Periyar Nagar, Chennai-82, to make necessary entries in the service book of the petitioner about the teaching experience and the Chief Civil Surgeon of the Government Peripheral Hospital, Periyar Nagar, also made necessary entries in the petitioner’s service Register on 15.2.2006 making it clear that the petitioner served as Lecturer from July, 1989 to March, 1992 and also from 27.10.2004 onwards. It is also certified that the petitioner is eligible for the post of Reader in Medicine.
(g) Petitioner states that the counselling for promotion for the post of Reader was conducted on 22.2.2007. Petitioner was allotted to K.A.P.Viswanathan Government Medical College, Trichy, as Reader on promotion after perusing the petitioner’s service records. However, re-counselling was ordered to be held on 9.3.2007 by the first respondent and the petitioner attended the same and his name was omitted in the list of candidates for promotion as Reader. Petitioner gave representation on 12.3.2007 stating his educational qualifications and teaching experience and requested to grant him promotion as Reader in Medicine and also pointed out that no junior in Civil Medical list than the petitioner could be considered for promotion without considering his representation.
(h) On 20.3.2007 petitioner made further representation and requested to include his name in the panel for promotion as Reader, followed with further representation dated 2.4.2007. However, no order was passed. According to the petitioner, the non-consideration of his claim for promotion as Reader in the re-counselling dated 9.3.2007 is illegal. Therefore petitioner has filed this writ petition contending that he has satisfied the Medical Council norms with regard to the qualification and teaching experience. Petitioner states that in the service register also his teaching experience is recorded and therefore it is not open to the respondents to reject the teaching experience on the ground that the petitioner has not served in medical institution. Petitioner also alleged discrimination by stating that similarly placed persons were already given promotion as Reader even though they have also served in Peripheral hospital, attached to the medical institutions.
4. The respondents filed counter affidavit wherein it is stated that the petitioner has rendered teaching as part-time honorary Lecturer at Rajah Muthiah Medical College, while he was working at the Government Headquarters Hospital, Cuddalore, from 1.9.1989 to 1992 and he was paid honorarium by the Medical Institutions. Permission was granted to the petitioner to work in a private medical institution, without detriment to the routine work and without incurring any extra expenditure to the Government. The petitioner had not held any full time teaching post. The release of the petitioner’s service from the Directorate of Medical and Rural Health Service to the Directorate of Medical Education and the consequential posting of the petitioner in Government Peripheral Hospital, Periyar Nagar, Chennai, will not confer any right to the petitioner as no student is posted in the said hospital. Therefore the service rendered in the Peripheral Hospital also cannot be treated as teaching experience even though the Peripheral Hospital is attached to the Directorate of Medical Education. In the promotion counselling held on 22.2.2007, the petitioner produced the service particulars as per the first respondent’s proceeding dated 18.12.2006, wherein it is held that the petitioner has completed the teaching experience eligible for promotion and therefore he was considered and allotted to K.A.P.Viswanathan Government Medical College, Trichy. On receipt of objections by the collegues of the petitioner in the second counselling, he was not given posting as he has not completed the requisite teaching experience. Promotion orders were given to the eligible Medical Officers as Reader in Medicine in G.O(D)No.603 Health and Family Welfare (A1) Department, dated 2.5.2007.
5. The learned Senior Counsel appearing for the petitioner submitted that the Government through letter No.19 Health Department, dated 3.1.1989 granted permission to utilise the facilities available in the District Headquarters Hospital, Cuddalore, and the Government Kamaraj Hospital, Chidambaram, for clinical training of the students of the Medical College of the Annamalai University for further period of three years or till hospital of their own is started, whichever is earlier. The Annamalai University, pursuant to the said permission, appointed Doctors in the above hospitals as Lecturers for the purpose of imparting clinical training to the MBBS students and granted approval to pay honorarium. The Annamalai University by order dated 7.7.1989 issued the said order appointing the petitioner as Honorary Lecturer and therefore the said experience is to be treated as teaching experience since the petitioner has imparted training to the MBBS students and therefore the contention now raised in the counter affidavit to the effect that the said experience gained by the petitioner cannot be treated as teaching experience, is unreasonable and self-contradictory. Insofar as the non-consideration of the teaching experience rendered in the Government Peripheral Hospital, Periyar Nagar, Chennai, the learned Senior Counsel submitted that it is one of the attached hospital of the Madras Medical College and training was given to the MBBS students and the department considered the said experience as teaching experience to similarly placed Doctors worked in peripheral hospital and denying the benefit to the petitioner is violative of Articles 14 and 16 of the Constitution of India.
6. The learned Government Advocate appearing for the respondents contended that the petitioner was permitted to work as Honorary Lecturer while he was working as full time Medical Officer in the Government Headquarters Hospital, Cuddalore. Therefore, the said service rendered in Rajah Muthiah Medical College while working in the Government Hospital from 1.9.1989 till 1992 cannot be treated as teaching experience. The learned Government Advocate submitted that the services rendered by the petitioner in the Peripheral Hospital, Periyar Nagar, Chennai, even though treated as teaching institution, where the petitioner has not imparted any teaching, cannot be treated as teaching experience and therefore the respondents are justified in not selecting the petitioner as Reader in the Government Medical College. The mistake committed by the respondents in allotting the petitioner to K.A.P.Viswanathan Medical College, Trichy, having been noticed on the objections from the collegues of the petitioner in the second counselling for promotion, the petitioner’s claim was rejected. The learned Government Advocate also produced G.O.(D)No.158 Health (B2) Department, dated 26.2.2008, which was issued during pendency of the writ petition and stated that the Medical Officers in Peripheral Hospitals are not doing teaching work. Therefore they may be declared as non-teaching posts such as Assistant Surgeon/Civil Surgeon/Senior Civil Surgeon and the said proposal sent by the first respondent was accepted by the Government and therefore the petitioner cannot be treated to have completed teaching experience.
7. I have considered the rival submissions made by the learned Senior Counsel for the petitioner as well as the learned Government Advocate for the respondents.
8. The question to be decided in this writ petition is whether the petitioner is having the required teaching experience for being promoted as Reader in a Medical College.
9. The petitioner’s deputation as Honorary Lecturer in Rajah Muthiah Medical College Hospital was made by order of the Government in letter No.19 Health Department, dated 3.1.1989 addressed to the Registrar, Annamalai University, wherein it is stated that permission of the Government is issued to utilise the facilities available in the District Headquarters Hospital, Cuddalore and Government Kamaraj Hospital, Chidambaram, for clinical training of the students of the Medical College for a further period of three years from 3.1.1989 or till starting of its own hospital by the Medical College, whichever is earlier. The Annamalai University, pursuant to the Government letter above referred, ordered to appoint Doctors of the said hospitals for the purpose of imparting clinical training to the MBBS students. Petitioner was given appointment order by the Annamalai University in appointment order No.98/89(s) on 7.7.1989, which reads as follows:
“ANNAMALAI UNIVERSITY
RAJAH MUTHIAH INSTITUTE OF HEALTH SCIENCE,
ANNAMALAI NAGAR
APPOINTMENT ORDER No.98/98(S), DATED 07/07/1989
Sub: Establishment- Annamalai University – RMMOH
institution – Appointment of – Non-grant Government
Doctors to Honorary positions – Orders – Issued.
Ref: i. Letter Ms.No.19 Health, dated 3.1.1989
of the Government of Tamil Nadu.
ii. Resolution No.68 of the Syndicate, dt.29/5/1989.
—-
Dr.G.Elangovan, M.D., Asst.Surgeon of the Government Head Quarters Hospital, Cuddalore is appointed as Honorary Lecturer of the Rajah Muthiah Medical College Hospital with an honorarium of Rs.400/- p.m.
Dr.Elangovan is requested to convey to the Registrar, Annamalai University his acceptance of the appointment as Honorary Lecturer the Rajah Muthiah Medical College Hospital.
Sd/- xxxxxxxxx
Registrar.”
Petitioner accepted the said order of appointment and imparted training from 9.7.1989 to 31.3.1992. The said fact is also made clear from the communication sent by the Joint Director of Medical and Rural Health Services, Cuddalore-1, to the second respondent through letter reference No.3334/E1/2008, dated 13.3.2008. The petitioner on being transferred to the Government Peripheral Hospital, Periyar Nagar, Chennai, attached to the Madras Medical College also gained experience in teaching.
10. The posting order of the petitioner in the teaching side in the Peripheral Hospital was issued by the second respondent. The students from the first year Dentistry from Madras Medical College attended classes handled by the petitioner. Petitioner also handled classes for general medicine to Geriatric M.D. students. One M.S.Titto, who was Assistant Professor in the same Periyar Nagar Peripheral Hospital, who attended counselling along with the petitioner was given promotion as Reader in the Counselling held on 22.2.2007 and his experience in the very same Peripheral Hospital as Assistant Professor for 3 1/2 years has been accepted as valid teaching experience. One Dr.R.Jeevakumar, who also worked in the very same peripheral hospital was given promotion as Reader in the Medical College in October, 2004. Similarly Dr.E.Dhandapani, who worked in the Peripheral Hospital, Annanagar, Chennai, was promoted as Reader.
11. From the above uncontroverted facts, it is evident that the experience of the petitioner both in the Government Headquarters Hospital, Cuddalore. as well as in the Government Peripheral Hospital, Periyar Nagar, Chennai, are to be taken as teaching experience for the purpose of promotion to the post of Reader as it has been given to the similarly placed persons.
12. The contention that the Government has now issued G.O.(D)No.158 Health (B2) Department, dated 26.2.2008 and ordered to treat the experience gained in the Peripheral Hospitals cannot be treated as teaching experience, can be applied only prospectively i.e., such of those Civil Surgeons, who are posted in the Peripheral Hospitals on and after 27.2.2008 alone cannot claim the said experience as teaching experience. Hence the said Government Order has no application to the case of the petitioner.
13. In the counter affidavit the objection raised was with regard to the teaching experience gained by the petitioner while working at Cuddalore. The said objection having been found against the respondents and the respondents having treated the services of similarly placed persons, worked in the Peripheral hospitals as teaching experience, the respondents are not justified in denying the same benefit for the petitioner for the purpose of promotion, particularly when the petitioner satisfied the Medical Council of India Rules. Merely because some other Medical Officers objected the posting of the petitioner as Reader in a Medical College with regard to the experience gained by the petitioner at Rajah Muthiah Medical College, the respondents are not justified in not treating the said experience for the purpose of promotion, when the same is recorded in the service register of the petitioner based on the Government order as well as the University resolution, appointment order and experience certificate.
14. On the basis of the above findings, I am of the view that the petitioner has made out a case to consider his claim for the post of Reader in Medicine. Necessary orders are directed to be passed by the first respondent within a period of four weeks from the date of receipt of copy of this order.
The writ petition is allowed with the above direction. No costs. Connected miscellaneous petitions are closed.
Index : Yes/No.
Website : Yes/No. 12-11-2008 vr To 1. The Director of Medical Education, E.V.R.Road, Kilpauk, Chennai - 10. 2. The Secretary to Government, Department of Health and Family Welfare, Fort St.George, Chennai - 9. N.PAUL VASANTHAKUMAR, J. vr Pre-Delivery Order in W.P.No.13957 of 2007 12-11-2008
