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High Court of Madaras regarding the writ petition on selection process of the Assistant surgeon (general).

Title : Dr.D.Hariharan v. The Union of India

Case No. : W.P.No.25827 of 2023

CORAM : THE HON’BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

Decided on : 16.11.2023.

Introduction

Writ Petition under Article 226 of the Constitution of India praying for a Writ of Declaration declaring G.O. (Ms).No.278, dated 17.08.2023 issued by the second respondent and the consequential letter bearing Ref No.081353/ME2/1/2023, dated 23.08.2023, issued by the 3rd respondent as illegitimate, illegal and ultra vires the Constitution of India.

Fact of the Case

On 11.10.2022, the Medical Services Recruitment Board (MRB), Government of Tamil Nadu, issued Notification No.11/MRB/2022, in and by which, it invited applications for direct recruitment to 1021 vacancies in the post of Assistant Surgeon (General) in the scale of pay of Rs.56,100-1,77,500. The selection was by a process of written examination consisting of two papers, namely, Tamil Language Test and the Main Paper. All the writ petitioners had applied and participated in the selection process. The examination was conducted on 25.04.2023. On 23.06.2023, the Tamil Eligibility Test Result and the Final Answer Keys were released by the MRB. The objections to the key answers were also considered and the keys are finalised.

Judgment and Analysis

Court  do not find any error in the Government Order in G.O. (Ms).No.278, dated 17.08.2023 and it is only the interpretation given by the officials in the consequential order impugned in the Writ Petition, dated 23.08.2023 so as to construe the Government Order as excluding the Postgraduate on the ground that it is part of the training period is not in order. Besides, this incentive should doubly count in public interest also as these candidates are already post-graduates.

The Post-Graduate students in Government Hospitals will also be eligible for the incentive marks and consequently, quash the impugned letter bearing reference No.081353 / ME2 / 1 / 2023, dated 23.08.2023.

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Written  by Nimisha Sunny