Madras HC Denies Relief to Doctor seeking Extension to Join Govt Service for PG Studies

Chennai: Holding that the reasons were neither valid nor could be categorised as a special circumstance, the Madras High Court denied to grant relief to a doctor who sought an extension of the deadline to join Government Service by six months to complete her postgraduate medical studies. The bench also observed that the doctor's appeal could be viewed as "suppression of a fact and deliberate attempt at preventing an opportunity being granted to yet another candidate, who would be very much willing to join Rural Health Service in any nook and corner of the State and serve the poor people of the State."

The petitioner, who was undergoing her PG medical studies at Velammal Medical College Hospital & Research Institute, Madurai, was appointed as Assistant Surgeon (General) at Labour Mobile Medical Unit, Thiru.Vi.Ka.Nagar, Health and Family Welfare Training Centre, Egmore, Chennai.

However, the HC bench comprising Justice C.V. Karthikeyan noted that even on the date the petitioner had applied for the post, she knew that she would not be able to join duty, even if she was selected. Further, the bench noted that the Government authorities did not have any idea of her undergoing PG medical studies at the time of making the appointment.

"There cannot be any extension of service, particularly, when the petitioner had been called to join in Labour Mobile Medical Unit. The petitioner cannot, as a matter of right, seek extension and claim that only after completing her Post Graduation Course, which course she was already doing even at the time of applying for the post, she would join and render service," noted the HC bench.

"This could also be viewed as suppression of a fact and deliberate attempt at preventing an opportunity being granted to yet another candidate, who would be very much willing to join Rural Health Service in any nook and corner of the State and serve the poor people of the State. I am not impressed with the reasons given seeking extension," it further observed.

The petitioner had participated in the National Eligibility-Entrance Test (NEET) to undergo Post-Graduate studies and was placed in All India Quota at Velammal Medical College Hospital and Research Institute, Madurai; she joined the course on 12.10.2022. As the commencement of the PG course was delayed, the completion date for the course had also been postponed/extended.

Thereafter, the Chairman of Medical Services Recruitment Board, issued a notification dated 15.03.2024 and the petitioner was selected on merits and was appointed as Assistant Surgeon (General) under Category II of Class I of Tamil Nadu Medical Services in Level 22 at Zone 6, Labour Mobile Medical Unit, Thiru.Vi.Ka.Nagar, Health and Family Welfare Training Centre, Egmore, Chennai, by the Director of Public Health & Preventive Medicine.

After being appointed, the petitioner submitted a representation dated 27.03.2025 seeking an extension of time to join duty at the Labour Mobile Medical Unit. She also approached the High Court bench and sought a direction against the authorities to extend the time for reporting and joining duty by six months.

The counsel for the petitioner argued that a Single Judge in the Madurai bench of the HC had granted relief to similarly situated candidates while acknowledging the difficulties of an MBBS student to get a Postgraduate seat after appearing in the NEET PG examination.

In that case, the learned Single Judge, while examining the issue, had opined that the proviso to Section 7(5) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 provides for an extension of time limit up to six months for valid reasons and in special circumstances.

However, in this case, the HC bench observed, "The provision indicates two separate facts to be considered. One, the circumstances must be special and the reason must be valid."

The bench further noted that even on the date when the petitioner had applied for the post of Assistant Surgeon (General), the petitioner was aware of the fact that even if selected, she would never be able to join duty.

Noting that the petitioner was doing her Post-Graduation in All India Quota at Velammal Medical College Hospital & Research Institute, Madurai, the HC bench observed, "If, this fact had been disclosed to the respondents, they would have taken a considered decision to either appoint the petitioner or activate the reserve list and appoint any other deserving candidate."

"The petitioner has already enjoyed the benefit of doing Post Graduation and had kept quiet and later, when the appointment order had been issued, now seeks advantage of the proviso to Section 7(5) of the aforementioned Act and states that the respondents must grant exemption and extend the time of joining," it further noted.

Referring to the proviso to Section 7(5) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, the HC bench observed that the Single Judge had placed his observation on the aforesaid provisions of law.

"But the said provision can be put into effect only in special circumstances and in extraordinary circumstances. It could be put into effect in the event of an unforeseen circumstance, which happened after the selection process and the petitioner was not able to join the duty owing to circumstances, which had arisen subsequently disabling her from joining duty. The petitioner however assigns reasons, which were evident even before the selection process had commenced. They are neither valid nor could be categorised as a special circumstance," it held.

Accordingly, the bench disagreed with the Single Judge bench's observation and noted that there cannot be any extension of service, particularly when the petitioner had been called to join in the Labour Mobile Medical Unit.

While dismissing the plea, the bench further noted, "I am not impressed with the reasons given seeking extension. To that extent since the learned Single Judge had not addressed the issue from this perspective, I would hold the order of the learned Single Judge as per incuriam applicable only to the writ petitions decided by the learned Single Judge."

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/madras-hc-order-282457.pdf

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