Dr. A. Ezhilarasu, M. B. B. S. v. The Govt. of Tamil Nadu, Rep. by its Secretary, Health & Family Welfare Dept. , Fort St. George, Chennai & Another
2009-08-21
D.HARIPARANTHAMAN
body2009
DigiLaw.ai
Judgment :- The petitioner has filed O.A.No.650 of 2002, which is now W.P.No.8313 of 2007 before this Court, praying for a direction to the respondents to appoint him as an Assistant Surgeon in Rural Primary Health Centres, based on seniority maintained in Tamil Nadu Medical Council. 2. Heard Mr. Antony Nirmal, learned counsel for the petitioner and Tmt.C.K.Vishnupriya, Additional Government Pleader for the respondents. 3. The Registration of Medical Practitioners in Tamil Nadu Medical Council has nothing to do with the employment in Tamil Nadu Medical Services. The post of Assistant Surgeons are filled based on the Special Rules framed under Article 309 of the Constitution. These Rules alone govern the recruitment of Assistant Surgeons. As per these Rules, the recruitment is not based on the registration of the Medical Practitioners in the Tamil Nadu Medical Council. 4. Registration of a Medical practitioner in the Tamil Nadu Medical Council is akin to the enrolment of advocates in the Tamil Nadu Bar Council. No one can claim employment in Judicial service, based on the seniority in the Bar Council, as the recruitment to Judicial services are governed by separate Rules. 5. Therefore, the Writ Petition itself is totally misconceived. The prayer in the W.P.No.8313 of 2007 cannot be countenanced. Hence, the Writ Petition is dismissed.