Dismissed

Dr.Olga George, M.D. (Hom) v. The State of Tamil Nadu

Madras HC3 Jul 2015WP/15918/2015

Case brief

AI extract

What is this about?

in this writ petition, the petitioner sought a mandatory direction for appointment to a vacancy arising in the post of Professor (Homeopathy) as the no. 1 candidate on the reserve list. The High Court held that she did not qualify under the three statutory contingencies for reserve list appointments and dismissed the petition, clarifying she must participate in the next fresh selection process.

What did the court decide?

dismissal of the writ petition for issuance of Writ of Mandamus directing the respondents to appoint the petitioner; no costs awarded to either party.

Dr.Olga George, M.D. (Hom) Vs The State of… — Pension and Retirement Benefits | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.07.2015

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CORAM

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THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN

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W.P.No.15918 of 2015

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Dr.Olga George, M.D.,(Hom.) 2D, Kaaviyam Apartments, Kumarasamy Street, Thirunagar, Madurai-06. ... Petitioner

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Vs. 1. The State of Tamil Nadu, Rep. By its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai-600 009. 2. The Tamil Nadu Public Service Commission, Represented by its Secretary, Greams Road, Chennai. ... Respondents

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Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to appoint the petitioner in the vacancy that has arisen in the post of Professor (Homeopathy) as the petitioner has been placed in Serial No.1 in the reserve list of candidates maintained by the 2^nd respondent in the select list dated 27.07.2011 pursuant to the recruitment notification dated 29.07.2009.

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For Petitioner : Mrs. N. Kavitha Rameshwar

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For Respondent : Mr.S.Gunasekaran, Government Advocate for R1

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The petitioner applied for the post of Professor (Homeopathy) in Tamil Nadu Medical Services. Applications were called for by the second respondent to fill up 10 vacancies in the said post.

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https://hcservices.ecourts.gov.in/hcservices/

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Though the petitioner has participated in the selection process, she was not selected. In fact, she challenged her non selection to the post of Professor (Homeopathy) by filing W.P.No.29825 of 2013. This Court, while dismissing the said writ petition, has passed an elaborate order on 05.09.2014.

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Thereafter, the petitioner has filed this writ petition seeking a direction to appoint her in the vacancy that arose in the post of Professor (Homeopathy). Since the petitioner has been placed in rank No.1 in the reserve list, notice was ordered at the admission stage.

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Now the learned counsel for Tamil Nadu Public Service Commission appeared and submitted that the candidate in the reserve list could seek for selection and consequent appointment only in three contingencies viz., (1) If the selected candidate failed to turn up to join the said post;

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(2) If the selected candidates after joining, left the service and there is no drawal of select list in the subsequent recruitment; and

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(3) The selection was cancelled for one reason or other.

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It is admitted that none of the three categories have arisen in this case. Hence, I am of the view that the petitioner cannot claim selection and consequent appointment to the post of Professor (Homeopathy). But the learned counsel strenuously contended that if fresh vacancies arise, the petitioner could be appointed as a candidate as contemplated under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules.

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I am afraid that such a course is disastrous. A non selected candidate cannot seek an appointment under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules in the vacancy that could subsequently arise till the next selection takes place. In the next selection, the petitioner can very well participate and she cannot ask for temporary appointment as a matter of right. Hence, I do not find any merit in this writ petition and the same is dismissed. No costs.

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//True Copy//

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Sub Assistant Registrar raa

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https://hcservices.ecourts.gov.in/hcservices/

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The Principal Secretary to Government, State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai-600 009. 2. The Secretary, Tamil Nadu Public Service Commission, Greams Road, Chennai. +1cc to M/s.N.Kavitha Rameshwar, Advocate, S.R.No.33373 +1cc to the Government Pleader, S.R.No.33638 W.P.No.15918 of 2015

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SVI(CO) CA(07/08/2015)

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https://hcservices.ecourts.gov.in/hcservices/

Dr.Olga George, M.D. (Hom) v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Dr.Olga George, M.D. (Hom) v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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