Madras HC sets aside appointment of Edwin Joe as DME
L Saravanan | TNN | Updated: Dec 12, 2017, 15:29 IST
The court directed the Tamil Nadu government health and family welfare principal secretary to reconsider S Rew... Read More MADURAI: The Madurai bench of the Madras high court on Tuesday set aside the Tamil Nadu government order dated April 25, 2017 appointing Edwin Joe as the director of medical education (DME).
The court directed the Tamil Nadu government health and family welfare principal secretary to reconsider S Rewvathy, Government Thiruvarur Medical College dean AL Meenakshi Sundaram and Edwin Joe afresh for the post of the DME.
The division bench of Justice M Venugopal and Justice Abdul Quddhose disposed of a batch of appeals of the Tamil Nadu health and family welfare principal secretary and Edwin Joe against the order of the single judge quashing the appointment of Joe as the DME and also directing the government to appoint Karur Government Medical College dean Revwathy as the DME.
The bench said, "On a careful consideration of respective contentions and overall assessment of the instant case in a cumulative manner, this court comes to an irresistible conclusion that the government order had not weighed the pros and cons of comparative merit and ability of medical officers coupled with seniority."
The bench observed, "The dean's claim that she is senior to Joe was not reflected in qualitative and quantitative terms in the government order. Joe's contention that seniority has no priority and that the administrative experience in the post of dean is not relevant to the post of the DME is contrary to service rules. Besides, certain insertions made in black ink do not inspire the confidence of this court. The court, based on equity, fair play, justice and good conscience and even as a matter of prudence, sets aside the government order to prevent an aberration of justice and to promote substantial cause of justice."
It said, "This court directs the health and family welfare principal secretary to reconsider the case of Rewvathy and Edwin Joe afresh for promotion to the post of the DME in a fair, free, just impartial, unbiased, dispassionate manner and that too with an open mind and to pass necessary qualitative, quantitative and tangible reasons by evaluating the comparative merit, ability and seniority., of course in accordance with law/rules, within six weeks of the receipt of the judgment."
Setting aside the single judge's direction, the bench said: "The single judge's positive direction to the Tamil Nadu health and family welfare principal secretary to grant promotion to Rewvathy as the DME with all consequential benefits are held to be incorrect in the eye of law. Accordingly it is set aside to prevent an aberration of justice."
L Saravanan | TNN | Updated: Dec 12, 2017, 15:29 IST
The court directed the Tamil Nadu government health and family welfare principal secretary to reconsider S Rew... Read More MADURAI: The Madurai bench of the Madras high court on Tuesday set aside the Tamil Nadu government order dated April 25, 2017 appointing Edwin Joe as the director of medical education (DME).
The court directed the Tamil Nadu government health and family welfare principal secretary to reconsider S Rewvathy, Government Thiruvarur Medical College dean AL Meenakshi Sundaram and Edwin Joe afresh for the post of the DME.
The division bench of Justice M Venugopal and Justice Abdul Quddhose disposed of a batch of appeals of the Tamil Nadu health and family welfare principal secretary and Edwin Joe against the order of the single judge quashing the appointment of Joe as the DME and also directing the government to appoint Karur Government Medical College dean Revwathy as the DME.
The bench said, "On a careful consideration of respective contentions and overall assessment of the instant case in a cumulative manner, this court comes to an irresistible conclusion that the government order had not weighed the pros and cons of comparative merit and ability of medical officers coupled with seniority."
The bench observed, "The dean's claim that she is senior to Joe was not reflected in qualitative and quantitative terms in the government order. Joe's contention that seniority has no priority and that the administrative experience in the post of dean is not relevant to the post of the DME is contrary to service rules. Besides, certain insertions made in black ink do not inspire the confidence of this court. The court, based on equity, fair play, justice and good conscience and even as a matter of prudence, sets aside the government order to prevent an aberration of justice and to promote substantial cause of justice."
It said, "This court directs the health and family welfare principal secretary to reconsider the case of Rewvathy and Edwin Joe afresh for promotion to the post of the DME in a fair, free, just impartial, unbiased, dispassionate manner and that too with an open mind and to pass necessary qualitative, quantitative and tangible reasons by evaluating the comparative merit, ability and seniority., of course in accordance with law/rules, within six weeks of the receipt of the judgment."
Setting aside the single judge's direction, the bench said: "The single judge's positive direction to the Tamil Nadu health and family welfare principal secretary to grant promotion to Rewvathy as the DME with all consequential benefits are held to be incorrect in the eye of law. Accordingly it is set aside to prevent an aberration of justice."
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