Madras HC Allows PG Medicos to Join as Assistant Surgeons After Completing Specialization

Justice Battu Devanand noted that the government had the discretion to extend the joining period in special circumstances, as provided under the Tamil Nadu Government Servants Act.

The petitioners, all MBBS graduates, are currently pursuing postgraduate courses in various medical colleges across Tamil Nadu. They had successfully cleared the NEET-PG examination and were allotted seats through the central quota. However, they were also selected for the post of Assistant Surgeon (General) under the Medical Recruitment Board (MRB) 2024 notification and were required to join duty within 15 days of receiving their appointment orders.

Given that their PG courses were still ongoing, the doctors sought an extension of time to join duty through representations submitted to the Director of Public Health and Preventive Medicine. However, their requests went unanswered, prompting them to file writ petitions in the High Court.

The petitioners argued that forcing them to forego their PG courses would not only waste two and a half years of rigorous academic effort and government resources but also deprive the healthcare system of specialist doctors. They emphasized that the state itself had invested substantial resources in their education with the expectation that they would later serve as specialists.

Additionally, they pointed out that the delay in their PG admissions was due to the postponement of NEET-PG counseling across the country, as directed by the Supreme Court. Thus, they had no control over the delayed schedule, which now clashed with their MRB appointment dates.

The petitioners also cited Section 7(5) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, which allows for an extension of the joining period in "special circumstances."

Opposing the petitions, the Tamil Nadu government firmly argued that the appointment orders issued to the selected candidates explicitly mandated them to join within 15 days of receiving their appointment letters. Failure to comply with this requirement, the government contended, would lead to cancellation of their appointment, as per the terms and conditions stated in the recruitment process.

Additionally, the government highlighted the long-standing vacancies in government health centers, emphasizing that these positions had remained unfilled for a considerable period. Given the urgent need for medical professionals, the authorities argued that allowing the selected candidates to defer their joining by another two years would severely impact the functioning of public healthcare services and create further disruptions in patient care.

The government also referred to Rule 7(5) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, which states that failure to join duty within three months results in the forfeiture of the appointment. The state insisted that strict enforcement of this rule was necessary to maintain discipline in recruitment, ensuring that selected candidates took up their roles in a timely manner and that government hospitals and health centers did not continue to suffer from staffing shortages.

Furthermore, the Additional Advocate General (AAG) reinforced the argument by pointing out the critical shortage of doctors in public health centers. He asserted that postponing the joining of newly recruited doctors was not a viable solution, as it would further strain the already overburdened healthcare system and delay essential medical services to the public.

After hearing both sides, Justice Devanand ruled in favor of the petitioners, granting them an extension to complete their postgraduate courses before joining government service. The court additionally highlighted the need for specialist doctors in Tamil Nadu’s public healthcare system, stating;

"Nowadays, having specialists in different subjects of medicine within the State Health Care System is very essential, particularly in light of crises such as the COVID-19 pandemic and the rise of non-communicable diseases."

"The State Government and the Director of Public Health and Preventive medicine who is the appointing authority ought to have considered the request of the petitioners to extend the time limit to join duty as stipulated in the appointment order considering the situation of the petitioners treating to be as special circumstances. If the petitioners are allowed to complete their Post Graduate in different specialization, it is useful to the State's Health Care System. They can contribute the State Health Care System as specialist doctors."

The court also took into account the financial and academic investment made by both the petitioners and the state government in their PG education, observing;

"Apart from loosing 2 ½ years time, effort and money dedicated by the petitioners, who are medical post graduate students from Tamil Nadu, towards their academics, gazillions of money spent on the students' post graduate education by the State Government would be rendered wasteful and adversely impacts the State exchequer. It is over all a loose-loose situation if the petitioners are not allowed to finish their post graduate courses just to oblige the time stipulated in the appointment order. The condition, which cuts down their chances of finishing their courses, will also put them in a disadvantageous place compared to their counterparts from other parts of the country and makes them less competent and less competitive. As such, the State Government should consider the request of the petitioners to extend the time for joining the post after completion of post graduate course to make it a win-win situation."

Addressing the government’s concerns about public health centers remaining understaffed, the court clarified;

"There is no substance in the contention of the respondents that they have to wait for another two years for joining of the petitioners into service in view of the fact that the petitioners are going to complete the Post Graduate courses within few months."

Subsequently, the court directed the Tamil Nadu government and the Director of Public Health and Preventive Medicine to extend the joining period of the petitioners, allowing them to take up their government postings after completing their PG studies. The court held that denying this extension would be counterproductive both for the petitioners and for the state's healthcare infrastructure. It held;

"Considering all these aspects and considering the difficulties of the petitioners to study the Post Graduate courses in Medical field in this tough competitive system hailing from ordinary families and to save public money spent by the State Government on each medical student and to have a specialist doctors in the State with different specialization to serve the needy, this Court holds that the request of the petitioners, for extension of time is supported by valid reasons and in the interest of justice."

"For the aforesaid reasons, these writ petitions are allowed with a direction to the Director of Public Health and Preventive Medicine to extend the time limit referred to in the appointment orders issued in favour of the petitioners by following first proviso to sub section(5) of Section 7 of the Act. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed."

To view the original order, click on the link below: