No HC Relief to Doctors Who Missed Medical Council Registration Deadline

Chennai: The Madras High Court recently denied relief to a group of doctors, who were termed ineligible for the post of Assistant Surgeons for not having the required registration with the Tamil Nadu Medical Council (TNMC).

Relying on judicial precedent and noting that the candidates had registered with the medical Council after the deadline, the HC bench comprising Justice C.V. Karthikeyan observed, "The reasons stated therein would directly apply to these cases also wherein the Registration by the Tamil Nadu Medical Council/third respondent was after the crucial date on 15.07.2023."

"In the result, these Writ Petitions are dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed," ordered the Court.

All the petitioners were duly qualified for the post of Assistant Surgeon (General), since they had completed their Bachelor of Medicine and Bachelor of Surgery (MBBS) Degree. Thereafter, they were issued with a Provisional Certificate. Consequently, they also completed their one-year internship programme, and on completing the internship, they were issued a Provisional Certificate-II. After receiving those particular certificates, they applied to the Tamil Nadu Medical Council for registration as Registered Medical Practitioners.

The petitioners had applied for permanent registration between 12.07.2024-12.08.2024. By 13.08.2024, all the applications had been approved by the Council, and they had chosen the slots between 16.07.2024 to 16.09.2024 to verify the certificates for permanent registration, i.e. beyond the cut-off date 15.07.2024.

Filing the pleas, the petitioners sought records relating to the selection list issued after the notification dated 15.03.2024, with all specific reference to Clause 6B(III) modified by Notification dated 14.05.2024 and selection list dated 20.02.202,5 and to quash the same so far as the non-inclusion of these petitioners.

While considering these pleas, the High Court bench noted that the Court had occasion to examine similar batch of pleas in the case of Dr.M.Sai Ghanesh Vs. Government of Tamil Nadu, represented by its Secretary, Medical Services Recruitment Board, Chennai and others.

In that case, the Court had noted that the Notification under which they had so applied for the said post, contained a further requirement that the candidates should not only have completed their course and also their Internship, but they also should be recognised by the Medical University and the University should have issued a Provisional Certificate.

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Further, to be called a Registered Medical Practitioner, the doctors also need to get registered with the Tamil Nadu Medical Council. For this, the doctors need to apply to the Council and, after verifying the applications, the Council issues them certificates approving that the petitioners are qualified to practice as Medical Professionals.

In that case, the petitioners had argued that when they applied to the medical council for registration, there was congestion in the said portal and they were not allotted slots within the date which they expected; therefore, they were not allotted slots within the date which they expected, and they were able to get their certificates only on a later date i.e. after 15.07.2024.

At this outset, it had been argued that irrespective of the fact that the candidates had registered themselves with the Tamil Nadu Medical Council after 15.07.2024, it could not be denied or disputed that they had actually registered themselves and therefore, they were otherwise eligible to be considered for selection to the post of Assistant Surgeon (General) as called for in the Notification. It was contended that the rejection of their applications was with the mala-fide intention.

However, the HC bench, relying on orders passed by the Supreme Court, noted that the Notification calling for applications for posts of Assistant Surgeons was straightforward and clear.

"There cannot be any other interpretation of the wordings in the Notification, which stipulated that the last date for registration with the Tamil Nadu Medical Council was 15.07.2024. There was no provision provided in the Notification that for individual candidates, on a pick and choose method, this particular process could be extended according to the whims and fancies of either the respondents or to put it also quite widely by this Court. The date has been prescribed and the date cannot be changed midway through the recruitment process. The result which would only flow from opening up the gates further would be catastrophic. There would not only be just these three petitioners but hundreds and hundreds of other candidates, who would have also similarly registered themselves with the Tamil Nadu Medical Council after 15.07.2024 and who would have written the examination and who would now seek a right to be considered for selection. This would throw the Notification into the dustbin and this Court cannot permit it to do so," the Court had noted at this outset.

"The Hon'ble Supreme Court has held that the Notification as issued is sacrosanct and any selection process should be done only in accordance with the guidelines given in the said Notification. The Notification cannot be tampered with and cannot be altered and cannot be modified and the date given therein cannot be extended either by the Court or by the respondents, unless the Rules permit," the HC bench further observed.

The Court further noted that while the initial date was 15.05.2024, it was uniformly extended to 15.07.2024. Further, the bench observed that the petitioners had applied for the post of Assistant Surgeon (General) only on the basis of the said Notification.

"They had subjected themselves to be qualified as required under the terms of the Notification. They had projected that they would be eligible to be selected and they would abide by the terms and conditions in the Notification. After the process commenced and after it had nearly concluded, now they cannot claim that the date in the Notification should be changed and they must be permitted and must also be considered to be recruited for the said post. This would only lead to extreme arbitrariness," the Court noted.

"One of the petitioners was able to get the certificate registered on 22.07.2024, another one was able to get it registered on 16.07.2024. The moot question which this Court will have to put to itself is to the date to which the Court should extend the cut-off date. Should it be extended to 22.07.2024 to accommodate one of the writ petitioners or should it be extended to 16.07.2024 to accommodate one writ petitioner and exclude the other writ petitioners. This would only lead to extreme prejudice caused by the judicial process and that is impermissible. The respondents had determined the cut-off date on 15.07.2024 and the petitioners had taken a conscious decision to apply for the post with the intention that they would be comply with the requisite qualification on or before 15.07.2024. If they had failed to do so, then they cannot call upon this Court to extend the date to any other arbitrary date. This Court is not the Selection Board. This Court cannot take on the role of a supervisor over and above the Recruitment Board and issue directions extending the cut-off date. That would only lead to extreme arbitrariness and open up the flood gates for hundreds and hundreds of other candidates. It would also prejudice the right of those candidates, who had diligently obtained the certificate on or before 15.07.2024. As a matter of fact, it is also seen that there were also candidates, who had obtained the certificate only on 11.07.2024 and had applied online and had obtained the slots had physically gone over to the Tamil Nadu Medical Council and were able to get their certificates verified and received the certificates on or before 15.07.2024 and found themselves eligible. If the petitioners had any interest, they could have adopted the same procedure," it had further noted.

The bench had dismissed the argument that merely because a candidate had applied online, he would sit in front of the computer at home 24 hours a day and not move a little finger to ensure that the registration was done within the stipulated time. It also opined that if the petitioners had been diligent enough like others were, they could have gone over physically to the office of the Tamil Nadu Medical Council and sought verification of their certificates then and there, and could have found themselves eligible for being selected.

Referring to this HC order in the case of Dr.M.Sai Ghanesh Vs. Government of Tamil Nadu, represented by its Secretary, Medical Services Recruitment Board, Chennai and others, the Court observed, "The reasons stated therein would directly apply to these cases also wherein the Registration by the Tamil Nadu Medical Council/third respondent was after the crucial date on 15.07.2023."

With this observation, the HC bench comprising Justice C.V. Karthikeyan dismissed the pleas and denied granting relief to the candidates.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/madras-hc-tnmc-registration-283513.pdf

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