Madrasreserved High Court · 2025

218.Dr.T poorna choudhari.19.Dr. S.Gowtham20. Dr. P. Magesh21. Dr. T. Gandhiban22. Dr. K. Arun Prasanna23. Dr. M.P.S. Rajesree24. Dr. A. Veena25. Dr. Ilayarajprasath G.26. Dr. Jayaprakash K. 3/331. Kuthiraipallam,27.Dr.Divya Sree R28. Dr. R. Jeevitha Anusha29. Dr. A. Kanimozhi30. Dr. Madan Kumar G.31. Dr. Anand Mark32. Dr. Srimathi P.33. Dr. Sanki Santhosh34. Dr. Hemalatha Devi. G35. Dr. T.A. Senthamiz Murasu36. Dr. R. Sarathchandar37.Dr. R.Sharmilapriya 38.Dr.Rajendiran39. Dr. Rajarajan40. Dr. Jayashree C.41. Dr. S. Udhaya Kumar42. Dr. Anitha A. G.43. Dr. S. Sangeetha Anto Priya44. Dr. Uma PK https://www.mhc.tn.gov.in/judis

345. Dr.P. Tamizharasi46. Dr. Elango47. Dr. Sasirega48. Dr. Rajkumar49. Dr. Santhose A.50. Dr. Riswana Parveen M.51. Dr. Irudaya Vicran M.52. Dr. Divyajaa53. Dr. Revathy P.54. Dr. Suresh Babu Raj55. Dr. Sowmya S.56. Dr. Bharath Muthuthangam T.57. Dr. Krishna Selva Muthu Kumar58. Suganthapriyan59. Dr. Mohamed Daheer Anvar Sathick60. Dr. Siva Yogitha61. Dr. C. S. Suthahar62. Dr. T. Suganya63. Dr. Rishi Kumar64. Dr. Diana Josephine65. Dr. Gigi66. Dr.S. Silambarasan67. Dr. Sakthivel P.68. Dr. A. Giriprashanth69. Dr. S.M. Dharani70. Dr. Arunkumar K. S.71. Dr. S. Kiruthika https://www.mhc.tn.gov.in/judis

472. Dr. M. S. Lavanya73. Dr. Naveen Kumar74. Dr. Maheswari. K. R75. Dr. M.A. Mohamed Sadam Hussein 76. Dr. Bharath N.77 Dr S Bhuvaneswari78. Dr. A. Silambarasan79. Dr. Sureshbabu N.80. Dr. G. Sri Kamachi Karunya 81. Dr. M. Sangeetha82. Dr. S. Vasuki83. Dr. K. Supraja84. Dr. R. Rajeswari85. Dr. Ashwim Mathuram86. Dr. Vijaykumar N.87. Dr. Malini. M88. Dr. V. Preethi89. Dr. Sathika90. Dr. Gunaseeli D.91. Dr. E. Pradeepa92. Dr. S. Sushmitha93. Dr. R. Niranjani94. Dr. Syed Shameem Aisha95. Dr. M. Louis Nithilan96. Dr. Ariarasi97. Dr. Aravind Samy S.98. Dr. A. Pavithra https://www.mhc.tn.gov.in/judis

599. Dr. Bhuvaneswari100. Dr. Breshneu A.101. Dr. Keerthana102. Dr. Manju Priya103. Dr. Vijayalakshmi104. Dr. Velvizhi105. Dr. M.J. Priyadharshini106. Dr. Priyanka107. Dr. Musanna Fathima108. Dr. Keerthika R.109. Dr. V. Vignesh Kumar110. Dr. R. Sasiprabha111. Dr. Ranjani M.112. Dr. S. Priyanka113. Dr. M.R. Murali Raj… Petitioners in W.P.No. 24792/20241. Dr.Surya G.2. Dr.S.Rajeshkumar3. Dr.D.Tamilmozhi4. Dr.E.U.Mohamed Haroon Rasith5. Dr.D.Vadivel6. Dr.R.D.Aswini7. Dr.S.Zakeena8. Dr.Archana9. Dr.Pavithra10. Dr.Manogaran Saravana Kumar11. Dr.Mervino Devathasan https://www.mhc.tn.gov.in/judis

612. Dr.Rajmohan13. Dr.Kutti Annamalai Manikandan N.14. Dr.Naveena15. Dr.S.Keerthika16. Dr.Saiharini S.17. Dr.T.Muthamizhch Selvi18. Dr.Sahana. L19. Dr.Srinivasan20. Dr. Andida21. Dr.M.V. Elavarasi22. Dr.Vijay23. Dr.A.Nandini24. Dr.Karthick Prasad25. Dr.M.Manoj Kumar Raja26. Dr.Praveen Kumar27. Dr.S.Elavarasan28. Dr.Dhilagesh Varma29. Dr.S.Suvetha30. Dr.Lamieno Selladurai31. Dr. J.Baburaj32. Dr.Suresh. G33. Dr.Aananda Krishna. K.S34. Dr.Naganandini.R35. Dr.M.Aysha Kani36. Dr.Santhosh Lena37. Dr.Thamarai Selvan38. Dr.Aravinth https://www.mhc.tn.gov.in/judis

739. Dr.I.Vivek40. Dr.D.Prabhakaran41. Dr.R.Prathimah42. Dr.Suresh43. Dr.Karthikeyan B.44. Dr.Anusa Priyadharsini G45. Dr.Divya N46. Dr.E.Indhumathi47. Dr.S.Karuppiah48. Dr.Maheshkumar49. Dr.Selva50. Dr.Anusuya Devi51. Dr.Sowmiya52. Dr.M.R.Murali Raj53. Dr.Abirami D.54. Dr.V.Abinaya Keerthana55. Dr.Muthuesakki56. Dr.Harini... Petitioners in W.P.No. 24796 of 2024Vs1.The State of Tamil NaduRepresented by its Principal Secretary,Health and Family Welfare Department, Secretariat, Chennai - 600 009. https://www.mhc.tn.gov.in/judis

82.Directorate of Medical EducationRepresented by the Director of Medical Education,Kilpauk, Chennai - 600 010.3.Directorate of Medical and Rural Health Services Represented by the Director of Medical Health and Rural Health Services, 359, Anna Salai, Chennai - 600 006.4.Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai - 600 006.5.National Board of Examinations in Medical Sciences Represented by its Executive Director,Medical Enclave, Ansari Nagar,Mahatma Gandhi Marg, Ring Road, New Delhi - 110 029.6.National Health MissionRepresented by its Mission Director Health and Family Welfare Department Government of Tamil Nadu5th Floor, TNHSP Building,359, Anna Salai, Teynampet, Chennai - 600 006.7.National Medical CommissionRepresented by its Secretary,Pocket 14, Sector - 8, Dwarka Phase I,New Delhi - 110 077.... Respondents in both W.Ps. https://www.mhc.tn.gov.in/judis 9PRAYER IN W.P.No. 24792 of 2024: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the first respondent to treat the study period of the petitioners who have completed or are presently pursuing the National Board of Examination in Medical Sciences (NBEMS) Diploma course in Tamil Nadu Government Medical Colleges and Government Hospitals as continuation of the service period and to direct the first respondent to pay salary to the petitioners for such study period on par with service doctors pursuing post graduate Diploma courses in Tamil Nadu Government Medical Colleges and to direct the respondent Nos. 1 to 4 to henceforth conduct a combined counselling for issuing posting orders for NBEMS Diploma graduates and post graduate Diploma graduates as per the Civil Medical List.PRAYER IN W.P.No. 24796 of 2024: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the first respondent to treat the study period of the petitioners who have completed or are presently pursuing the DNB/Post Diploma DNB Broad Specialty Course in Tamil Nadu Government Medical Colleges and Government Hospitals as continuation of the service period in the Tamil Nadu Medical Service and to direct the second respondent to pay salary to the petitioners during such study period on par with service doctors pursuing post graduate (MD/MS) course in Tamil Nadu Government Medical Colleges and to direct the respondent Nos. 1 to 4 to henceforth conduct a combined counselling for issuing posting orders for DNB/Post https://www.mhc.tn.gov.in/judis 10Diploma DNB graduates and post graduate (MD/MS) graduates as per the Civil Medical List.***For Petitioners inboth W.Ps.:: Mr. Suhrith Parthasarathy For RR 1 to 4 & 6 inboth W.Ps.:: Ms. M.Sneha Standing CounselFor 5th Respondent inboth W.Ps.:: Mr.R.Thirunavukarasu Standing CounselFor 7th Respondent inboth W.Ps.:: Ms. Subbha Ranjani Ananth Standing CounselCOMMON ORDERBoth the Writ Petitions have been filed in the nature of a Mandamus seeking directions against the first respondent / the State of Tamil Nadu, represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai, to treat the study period of the petitioners who have either completed or are presently pursuing DNB/Post Diploma DNB Broad Specialty Course or the National Board of Examination in Medical Science (MNBEMS) Diploma Course in Tamil Nadu, Government https://www.mhc.tn.gov.in/judis 11Medical Colleges and Government Hospitals as continuation of service period and for further directions against the second respondent to pay salary during such study period on par with service doctors pursuing Post Graduate (MD/MS) Courses and or Post Graduate Diploma Courses in Tamil Nadu Government Medical Colleges and to direct the first to fourth respondents to conduct combined counselling for issuing posting orders as per Civil Medical List.2. Since the issues raised in both the Writ Petitions are the same, namely, recognition of the period of study of the petitioners while pursuing DNB/ Post Diploma BNB Broad Specialty Course or National Board of Examination in Medical Sciences (NBEMS) Diploma Course in Tamil Nadu Government Medical Colleges and Government Hospital as continuation of service period and for payment of salary for such period, a common order is passed. The petitioners also seek that combined counselling as per Civil Medical list must be held while issuing posting orders. https://www.mhc.tn.gov.in/judis

123.The only difference in the status between the petitioners in the two Writ Petitions is that the writ petitioners in W.P.No. 24796 of 2024 had completed or are pursuing DNB/Post Diploma DNB Broad Specialty courses, while the petitioners in W.P.No. 24792 of 2024 had completed or are pursuing National Board Examination in Medical Sciences (NBEMS) Diploma Courses.4. Let me take as an illustration the affidavit filed in support of W.P.No. 24796 of 2024.5. In the affidavit, it had been contended that the writ petitioners have completed or are pursuing DNB /Post Diploma DNB Broad Specialty Courses in Tamil Nadu Government Medical Colleges at Government Hospitals. They had been appointed as Assistant Surgeons in Tamil Nadu Medical Services after completing their MBBS. They have cleared the National Eligibility cum Entrance Test or the Diplomate of National Board and Post Diploma centralised Entrance Test (DNB-CET) and participated in online merit based counselling and had chosen the Diplomate of National Board / Post Diploma Diplomate of National Board Programme in various https://www.mhc.tn.gov.in/judis 13Tamil Nadu Government Medical Colleges and Government Hospitals. They had also put in reasonable period of service in Tamil Nadu Medical Services. They had joined the DNB Course with the belief that their entire study period would be treated as continuation of service and that they would be paid salary during the study period. Similarly placed candidates, who are pursuing MD/MS courses had the benefit of their study period being treated as continuation of service and of salary being paid. But however, the petitioners were denied the payment of salary and it was also held out that the study period would not be treated as continuation of service.6. It had been contended that the courses which they are pursuing are recognised and they are also serving as Doctors in Government Medical Colleges and Government Hospitals even during their study period. It is under those circumstances, since representations given were of no avail, the Writ Petitions had been filed.7. The petitioners in W.P.No. 24792 of 2024 are also Assistant Surgeons in Tamil Nadu Medical Services and during the online merit based counselling, they had chosen the National Board of examination in Medical https://www.mhc.tn.gov.in/judis 14Science (NBEMS) Diploma programme in various Tamil Nadu Government Medical Colleges and Hospitals. They have also been denied salary and continuity in service during the study period. Representations given by them have also not been answered to their satisfaction. It is under those circumstances that they had also filed the Writ Petition.8.A counter affidavit had been filed by the third respondent / Directorate of Medical and Rural Health Services, represented by the Director of Medical Health and Rural Health Services, wherein it had been contended that the entire study period would be treated as study leave and the petitioners were permitted to undergo the courses on availing extraordinary leave without medical certificate. They would also be paid stipend as per Government Orders issued by the Government from time to time. It had also been contended that the study period of the service candidates undergoing PG/Diploma Courses in Medical Colleges under State Quota had been treated as on duty for all purposes vide G.O.Ms.No. 2036, dated 12.01.1981. However, the Assistant Surgeons selected for Post Graduation in Self Financing Institution /Deemed Universities are sanctioned extraordinary leave without any break in service. It had been https://www.mhc.tn.gov.in/judis 15stated that by G.O.(D).No. 98, Health and Family Welfare (MCA-2) Department, dated 25.01.2023, the stipend payable had been enhanced to Rs.48,000/- onwards with effect from 29.07.2021. It had been stated that in the prospectus, it had been very clearly stated that the salary would not be paid and that the stipend alone would be paid.9. The fifth respondent had also filed a counter affidavit wherein it had been stated that the fifth respondent has prescribed guidelines for payment of stipend to trainees. It had been contended that the rules and regulations relating to service period and payment of salaries is the prerogative of the State Government.10. Heard arguments advanced by Mr. Suhrith Parthasarathy, learned counsel for the petitioners and by Ms. M.Sneha, learned Standing Counsel for the respondent Nos. 1 to 4 and 6 and Mr.R.Thirunavukarasu, learned Standing Counsel for the respondent No.5 and Ms. Subbha Ranjani Anandh, learned Standing Counsel for the seventh respondent. https://www.mhc.tn.gov.in/judis

1611. The issues raised in these Writ Petitions relate to regularisation of study period of the writ petitioners in both the Writ Petitions and for the study period to be counted as continuation of Government service and for salary to be paid during the said study period and seeking combined counselling as per Civil Medical list.12. The writ petitioners in both the Writ Petitions had been pursing Post Graduation courses which are recognised by the respondent. However, they are paid stipend during the period of study. Even the fifth respondent in their counter affidavit had stated that stipend alone had been determined to be paid to those students who pursue Post Graduation courses like the petitioners. The first respondent had also passed Government Orders enhancing the stipend. There is no dispute that the stipend as determined is paid to the petitioners. But however, a fervent plea had been made by the learned counsel for the petitioners that their study period should be counted as continuation of service as is done for students who pursue MD/MS in Government Colleges. Strong objections had been raised on behalf of the Government for consideration of the study period as continuation in service. It had been contended that even in the prospectus, it had been very https://www.mhc.tn.gov.in/judis 17specifically stated that the study period shall be treated only as earned leave without medical certificate.13. With respect to the payment of salary, it is clear from the counter affidavit filed on behalf of the fifth respondent, the National Board of Examination and Medical Science, New Delhi that stipend alone is payable to the petitioners in both the Writ Petitions. Unless that policy is challenged, it may not be possible for this Court to direct consideration of any representation in that regard.14. With respect to the issue of treating the study period as continuation of service, I would direct the first respondent to examine the representations given by the petitioners in both the Writ Petitions to treat the study period as continuation of service and grant notional service benefits alone and during such study period, for the purposes of pension and other such benefits. The petitioners are Government servants having joined as Assistant Surgeons and they would be put to disadvantage if the study period is treated otherwise and as a break in service. There is no reason why the petitioners should be discriminated against in this regard since even during the study period, they discharge work in Government Hospitals and Colleges. They are not strangers to the respondents. https://www.mhc.tn.gov.in/judis

1815. With respect to the issue of conducting combined counselling as per Civil Medical list, I hold that the petitioners in both the Writ Petitions and their ilk are entitled to participate in the counselling held for Civil Medical list. A Mandamus is issued accordingly. 16. In view of these reasons, I would direct issue a Mandamus in both the Writ Petitions to the first respondent to consider the period of study by the writ petitioners as continuation of service period for all purposes and also to permit the petitioners to participate in the combined Counselling as per Civil Medical list.18. I am not prepared to issue a Mandamus with respect to the relief sought for payment of salary since the policy of the National Board Examinations in Medical Sciences/fifth respondent is also to pay stipend to similarly placed students and that policy had not been challenged in manner known to law. https://www.mhc.tn.gov.in/judis

1918. The Writ Petitions stand disposed of accordingly. Consequently, connected Civil Miscellaneous Petitions stand closed. No order as to costs. 20.03.2025vsg (2/2)Index: Yes/NoInternet: Yes/NoSpeaking / Non Speaking OrderTo1.The Principal SecretaryThe State of Tamil NaduHealth and Family Welfare Department, Secretariat, Chennai - 600 009.2.The Director of Medical Education Directorate of Medical EducationKilpauk, Chennai - 600 010.3.The Director of Medical Health and Rural Health ServicesDirectorate of Medical and Rural Health Services 359, Anna Salai, Chennai - 600 006.4.The Director of Public Health and Preventive Medicine, Directorate of Public Health and Preventive Medicine 359, Anna Salai, Chennai - 600 006. https://www.mhc.tn.gov.in/judis 20C.V.KARTHIKEYAN, J.,vsg5.The Executive Director National Board of Examinations in Medical Sciences Medical Enclave, Ansari Nagar,Mahatma Gandhi Marg, Ring Road, New Delhi - 110 029.6.Mission Director Health and Family Welfare DepartmentNational Health MissionGovernment of Tamil Nadu5th Floor, TNHSP Building,359, Anna Salai, Teynampet, Chennai - 600 006.7.The SecretaryNational Medical CommissionPocket 14, Sector - 8, Dwarka Phase I,New Delhi - 110 077.Pre-Delivery Order made inW.P.Nos.24792 & 24796 of 2024AndW.M.P.Nos. 27138 & 27144 of 202420.03.2025(2/2)