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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

Telangana High Court on writ of mandamus directing the respondents to grant the reliefs benefit including grant of promotion to the rank of Subedar Major.

Title : Subedar Radha Krishna Tiwary v. Union of India

Case No. W.P.No.21746 of 2023

Date : 30.10.2023

CORAM : Hon’ble Justice P . Madhavi Devi

Introduction

In this writ petition, the petitioner is seeking a writ of certiorari to call for the entire record concerning the Summary disposal of the charge stated to be conducted in the case of the petitioner on 26.05.2022 and to issue a writ of mandamus directing the respondents to grant the reliefs benefit including grant of promotion to the rank of Subedar Major from 01.07.2022.

Fact of the Case

Brief facts leading to the filing of the present writ petition are that the petitioner was working as a Senior Junior Commissioned Officer i.e., Junior Commissioned Officer in the Unit of 16 Bihar (‘A’-Company), Mehdipatnam Garrison, Hyderabad, which is the Unit of Indian Army functioning under the Ministry of Defence, Union of India. It is submitted that the petitioner was enrolled in the Indian Army in the year 1995 and in November 2021, petitioner’s name was cleared for promotion to the rank of Subedar Major after undergoing the relevant and prescribed tests for the same in the DPC proceedings.

It is submitted that an unknown person has allegedly given a complaint against the Commanding Officer in the name of the petitioner and on the basis of the same, the Commanding Officer has enquired the petitioner as to why he had complained about him to the higher authorities.

Judgement and Case Analysis

Court finds that the first and foremost issue that has to be decided is whether this writ petition is maintainable against the orders of the respondents. Though there is an Armed Forces Tribunal formed to look into the service matters of the army personnel, the petitioner being a Junior Commissioned Officer and the writ petition is filed against the punishment awarded to him, this Court is of the opinion that this writ petition is maintainable before this Court.

As regards the alternative remedy being available to the petitioner, this Court finds that the petitioner has approached this Court because according to him, the Summary proceedings have not been conducted properly or as per the provisions of the Army Rules and therefore, there is a violation of the statutory provisions and also the principles of natural justice.

Written by Nimisha Sunny

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

Telangana High Court on writ of mandamus directing the respondents to grant the reliefs benefit including grant of promotion to the rank of Subedar Major.