B. Karthick Kumar vs The Secretary Medical Services Recruitment Board

M.M. Sundresh, J.—By consent of the learned counsel appearing on either side, the writ petitions itself are taken up for final disposal.

The writ petitions have been filed by the petitioners seeking for the common relief of issuance of a Writ of Certiorarified Mandamus to call for the entire records pertaining to the appointments made towards the post of Assistant Surgeon (General-MBBS) conducted by the Medical Services Recruitment Board, the 1st respondent herein and quash Section 9(d) of Notification 1/2013 titled ''''Instruction to Candidates and Corrigendum dated 09.04.2013 amending Section 9(d), both issued by the 1st respondent, as arbitrary and unreasonable, being violative of rules and principles of natural justice and consequently direct the 1st respondent herein to reserve one post of Assistant Surgeon (General-MBBS) for the petitioner.

The competitive examination was conducted by the respondent on 19.5.2013 for the appointment of Medical officers on temporary basis through Medical Service recruitment Board as per the Government Order in G.O.(Ms.)No. 23 Health and Family Welfare (B-2) Department dated 29.1.2013. Admittedly, the petitioners have not completed the House Surgeoncy at the time of writing the competitive examination and therefore, they did not have the M.B.B.S Degree. It is not in dispute that a candidate will be given permanent Registration Number by the Tamil Nadu Medical Council only after which they are eligible to do practice. The petitioners without the said certificate wrote the examination. Now, the notification dated 31.3.2013, which governs the case of the petitioners by which instructions have been issued to the candidates, who made applications for various posts to be filled on temporary basis in the Tamil Nadu Medical Services, stipulates that a candidate must have served as House Surgeon for not less than 12 months. All the petitioners wrote their examinations much prior to the completion of House Surgeoncy, as a result of which, they have not been selected. Therefore, the petitioners have come forward by filing these present writ petitions.

Learned counsel appearing for the petitioners has submitted that considering the object behind the Government Order, which is to provide timely help to the needy general public, the notification dated 31.3.2013 will have to be interpreted in such a way to enable the petitioners to get the job. Even for the subsequent years, number of vacancies have been notified. Therefore, considering the same, the writ petitions will have to be allowed. Learned counsel has also made reliance upon the Order passed by this Court in W.P.Nos. 25909 to 25911 of 2013.

Per contra, learned Additional Advocate General appearing for respondents submitted that the decision rendered by this Court does not have any application to the case on hand and in the said case, the petitioners therein have completed 5 = years course including CRRI, but they have not registered in the Tamil Nadu Medical Council within the stipulated time. However, in the present case, the petitioners have not even completed CRRI at the time of writing competitive examination on 19.5.2013. Therefore, it is submitted that no interference is required.

The facts are not in dispute. Admittedly, the petitioners have not completed CRRI House Surgeoncy at the time of writing competitive examination on 19.5.2013. In such view of the matter, the petitioners do not have any legal right to insist that they should be given the posting contrary to the notification No. 1 of 2013 dated 31.3.2013. The petitioners, having participated in the selection process, cannot turn around and challenge the notification, which stipulates the basic qualification. It is rather well settled that it is for the authorities concerned to fix the qualification required and this Court shall not interfere with the same while exercising its power under Article 226 of the Constitution of India. In such view of the matter, this Court does not find any reason to allow the writ petitions. Accordingly, the writ petitions are dismissed.

Learned Additional Advocate General on instructions submitted that another 2384 posts have been earmarked for the post of Assistant Surgeon (General/ Specialty) for the year 2014-2015. In view of the same, notwithstanding the dismissal of the writ petitions, the petitioners are at liberty to make applications for the same as at present they are qualified. However, there is no order as to costs. Consequently, the connected miscellaneous petitions are closed.