SEKAR REPORTER

Court News from Madras High Court

W.P.No.30666 of 2022 and WMP.Nos.30104, 30105 of 2022 SURESH KUMAR,J. Dr.D.Simon, learned Central Government Standing Counsel takes notice for the respondents 1, 2 and 6, Mr.R.Shanmugasundaram, learned Additional Advocate General assisted by Mr.U.M.Ravichandran, learned Special Government Pleader takes notice for the respondents 3 and 4, Ms.M.Sneha, learned Standing Counsel takes notice for the 5th respondent and Ms.Shubharanjani Ananth, learned Standing Counsel takes notice for the 8th respondent.

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W.P.No.30666 of 2022 and WMP.Nos.30104, 30105 of 2022

  1. SURESH KUMAR,J.

Dr.D.Simon, learned Central Government Standing Counsel takes notice for the respondents 1, 2 and 6, Mr.R.Shanmugasundaram, learned Additional Advocate General assisted by Mr.U.M.Ravichandran, learned

Special Government Pleader takes notice for the respondents 3 and 4, Ms.M.Sneha, learned Standing Counsel takes notice for the 5th respondent and Ms.Shubharanjani Ananth, learned Standing Counsel takes notice for the 8th respondent.

  1. The Hon’ble Supreme Court by order dated 16.03.2022 in the matter of N.Karthikeyan and Ors. Vs. The State of Tamil Nadu and Ors. in W.P.(Civil) No.53 of 2022 etc., batch has passed the following order:

“34. As such, we find that the facts in the present case are much nearer to the facts that fell for consideration in the case of Tamil Nadu Medical Officers Association (supra). We are also of the prima facie view that the facts that fell for consideration in the case of Dr.Preeti Srivastva (supra) were distinct from the facts that fall for consideration in the present case. We are, therefore, of the considered view that taking into consideration the principles of judicial discipline and judicial propriety, we should be guided by the judgment of the Constitution Bench in the case of Tamil Nadu Medical Officers Association (supra) rather than the judgment of the Constitution Bench in the case of Dr.Preeti Srivastava (supra).

  1. We are, therefore, of the view that no case is made out for continuing the interim protection which was granted for the academic year 2020-2021 vide interim order dated 27th November, 2020(supra) and thus, we reject the prayer in that regard. Needless to say that the State of Tamil Nadu would be at liberty to continue the counselling for academic year 2021-2022 by taking into consideration the reservation provided by it as per the said G.O.”
  1. Subsequently by further order of the Hon’ble Supreme Court dated 22.03.2022, paragraph 35 of the said order referred to above has been clarified like this:

“Upon being mentioned, paragraph 35 in the order dated 16.03.2022 may be corrected and read as follows:

  1. We are, therefore, of the view that no case is made out for continuing the interim protection which was granted for the academic year 2020-2021 vide interim order dated 27th November, 2020(supra) and thus, we reject the prayer in that regard. Needless to say that DGHS shall conduct the counselling for academic year 2021-2022 in respect of seats of State of Tamil Nadu by taking into consideration the reservation provided by it as per the said G.O.”
  1. Pursuant to these orders passed by the Hon’ble Supreme Court,

the Director General of Health Services i.e, the second respondent, Government of India by communication dated 02.04.2022 seems to have given a direction to the State Government to go ahead for counselling with the 50% of the seats in Super Speciality medicine courses in the State of Tamil Nadu for in-service candidates and accordingly, during the last year i.e., academic year 2021-2022 such counselling went on and students were selected.

  1. When that being the position, for the present academic year i.e., 2022-2023, it has been decided by the State Government to go ahead with the counselling for filling up 50% of the seats for in-service candidates and accordingly, D.O.Letter.No.3432202/MCA-1/2022-1, dated 14.11.2022 was issued by the Principal Secretary to Government, Health and Family Welfare Department i.e., third respondent herein, where inter alia, he has stated the following:

“4. Now in the Government of India reference seventh cited, notice has been issued with regard to conducting common counselling for Super Speciality (D.M/M.ch) Courses for the academic year 2022-23 at National level by Medical Counselling Committee of DGHS.

  1. In this connection, I am to state that since the Hon’ble

Supreme Court of India has already vacated the stay granted in the matter and allowed to provide 50% reservation to in-service candidates of Government of Tamil Nadu, as in 2021-2022, the State of Tamil Nadu proposes to conduct counselling for 50% of seats of Super Speciality Courses in State Government Medical Colleges in Tamil Nadu for in-service candidates of Tamil Nadu as in the line of instructions given by the DGHS in the letter dated 02.04.2021 by duly following all the rules and regulations of National Medical Commission.

  1. Accordingly, the seat matrix for conduct of proposed counselling for super-speciality courses in the medical colleges of State of Tamil Nadu (i) for the 50% seats earmarked to in-service candidates to be admitted through counselling conducted by State; and (ii) the remaining 50% seats earmarked for All India Quota that is to be filled by the Counselling conducted by Director General of Health Services for the academic year 2022-2023 is annexed herewith for information and necessary action.”
  1. Relying upon this communication, Mr.R.Shanmugasundaram, learned Advocate General appearing for the State Government has submitted that, since the decks were cleared by the Hon’ble Supreme Court by way of clarification in the order stated supra in March, 2022, there can be no further impediment for the State to proceed with the counselling for super speciality courses for filling up 50% of seats for the in-service candidates as per G.O.Ms.No.462, Health and Family Welfare Department (MCA.1) Department dated 07.11.2020.
  2. However, it is pointed out by Mr.P.Wilson, learned Senior

Counsel appearing for the petitioner that, the Director General of Health Services, Government of India, the second respondent herein, by communication dated 27.10.2022, wanted to take the entire seat matrix i.e., 100% of seats for the academic year 2022-2023, which should be submitted to the MCC of DGHS and they wanted to go ahead with the counselling and for which, schedule also has been issued by them and as per the schedule, the choice of filling would start from 25.11.2022. Therefore, the learned Senior Counsel would point that, this has to be clarified and as per the order already passed by the Hon’ble Supreme Court referred to above and the State Government be directed to go ahead with their counselling to fill up the 50% seats in Super Speciality courses for in-service candidates as they have decided vide communication dated 14.11.2022.

R.SURESH KUMAR, J.

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  1. In order to consider this plea raised by the petitioner supported by the State Government what is the response of the Central Government especially the second respondent has to be ascertained and reported by Dr.D.Simon, learned Central Government Standing Counsel, who takes notice for the respondents 1, 2 and 6 by tomorrow.

Post the matter tomorrow i.e., 18.11.2022 immediately after admission.

17.11.2022

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Note: Issue order copy today(17.11.2022)

W.P.No.30666 of 2022

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