Tamil Nadu: High Court quashes Director, Medical Education appointment

Madurai: The Madras High Court’s Madurai Bench quashed the appointment of Director, Medical Education(DME) and ordered that the petitioner Revwathy Kailairajan be appointed as the new DME along with the assigned benefits.

The court presided over by Justice R. Mahadevan took the above decision on the basis of a petition filed by S. Revwathy Kailairajan, Dean Special Officer, Karur Medical College.

Justice Mahadevan in his order stated, "This court prima facie is of the view that the division bench's directions it gave on Nov 9, 2016 relating to the case have not all been adhered to by the Health Secretary(J Radhakrishnan)strictly in accordance with the law, as the health secretary has given a go by to the same while considering Edwin Joe for the promotion to the post of DME."

According to the existing special ruling under the Tamil Nadu Medical Service Rules, the person should have over one year of service left for retirement, should have worked as Dean and have seniority in the Civil Medical List for eligibility for the post of DME.

The petition by Dr. Revwathy was filed after A. Edwin Joe, Dean Coimbatore Medical College, was selected for the post of DME.

Dr. Rewathy highlighting the eligibility criteria fulfilled by her and overlooked in her case by the Department of Health and Family Welfare clarified that she was senior to Dr. Edwin Joe in the profession.

During arguments, petitioner's Counsel S Alagarsamy said a division bench had on November 9 said, "right from the start, a positive proposal has been made in favour of Vimala and though Revathy is a more meritorious candidate, her claim has been unjustly overlooked. The principal secretaries of health and family welfare and personnel and administrative reforms departments have accepted the said proposal and so also the chief secretary, health and family welfare minister and chief minister."

Finally, the court in a significant move declared that administrative delay in preparing the panel cannot take away the petitioner's right to promotion to the post of DME, and directed the Department of Health and Family Welfare to promote her, reports the Hindu.