Madras High Court quashes appointment of Director Medical education

Madurai: Dr. Edwin Joe’s appointment as Director, Medical Education by the Tamil Nadu government order dated April 25, 2017, has been set aside by the Madurai bench of the Madras High Court.

The bench on Tuesday gave a directive to the Principal Secretary, Health and Family Welfare, Tamil Nadu to think afresh over the appointments of both S Rewvathy, and Dr. Edwin Joe for the post of DME Director.

The court was of the opinion that merit, seniority, and the ability of the two contestants be looked into fairly, before appointing either for the post in accordance with law.

A division bench comprising of Justices M Venugopal and Abdul Quddhose also set aside the order of the single judge, appointing Revathy as DME.

"The single judge's positive direction to the Tamil Nadu Health and Family Welfare , Principal Secretary to grant promotion to Ms. Rewvathy as the DME with all consequential benefits are held to be incorrect in the eye of law. Accordingly, it is set aside to prevent an aberration of justice," reports the TOI.

The bench stated, "On a careful consideration of respective contentions and overall assessment of the instant case in a cumulative manner, this court comes to an irresistible conclusion that the government order had not weighed the pros and cons of comparative merit and ability of medical officers coupled with seniority.

The court also set aside Joe’s contention that administrative experience in the post of dean was not relevant to the post of DME, stating it to be contrary to service rules.

The bench observed, "The dean's claim that she is senior to Joe was not reflected in qualitative and quantitative terms in the government order. Joe's contention that seniority has no priority and that the administrative experience in the post of Dean is not relevant to the post of the DME is contrary to service rules."

It further mentioned that insertions made in black ink did not inspire the confidence of the court.

“The court, based on equity, fair play, justice and a good conscience and even as a matter of prudence, sets aside the government order to prevent an aberration of justice and to promote the substantial cause of justice," the directive further added.

It said, "This court directs the Health and Family Welfare, Principal Secretary to reconsider the case of Rewvathy and Edwin Joe afresh for promotion to the post of the DME in a fair, free, just impartial, unbiased, dispassionate manner and that too with an open mind and to pass necessary qualitative, quantitative and tangible reasons by evaluating the comparative merit, ability and seniority., of course in accordance with law/rules, within six weeks of the receipt of the judgment."

The court had earlier ordered status quo on the single judge order.

Revathy had filed a case staking a claim on the basis of seniority to the post the DME. In September this year, after hearing the concerned parties Justice R.Mahadevan had directed authorities that she be appointed DME.

The government and Edwin Joe, however, filed an appeal against the single judge’s order reports India Today.