Regularise service of doc who became an instructor: HC

Regularise service of doc who became an instructor: HC

K.Kaushik@timesgroup.com

Madurai:30.06.2021

Observing that it a rarest of rare case where a man who had completed MBBS degree and was selected to the post of civil assistant surgeon by the TNPSC had willingly opted to take up a job as a part time vocational instructor, the Madras high court granted relief to him by directing the state to regularise his services as a full time instructor.

A C Kumar, who had completed BSc Chemistry in 1970 and subsequently completed MBBS in 1978, registered his name in the Tamil Nadu Medical Council. Though Kumar was selected for the post of civil assistant surgeon, he had applied for the post of part time vocational instructor in a school and was appointed in1984.

Before his retirement in 2009, Kumar had submitted several representations seeking to regularise his services as a full-time instructor and to provide monetary benefits. However, the authorities in 2009 had rejected his application on the ground that the qualification for the post was BSc nursing and the petitioner had qualification of BSc chemistry and MBBS. It was also further stated that the MBBS degree was obtained from Andhra University and the same was not equivalent to the MBBS from Madras University.

Kumar has filed a petition before the HC Madurai bench in 2010, challenging the rejection order and a single judge in 2016 had directed to regularise his services and grant him monetary benefits. Challenging the order, the government had preferred the present appeal.

A division bench of justices T S Sivagnanam and S Ananthi observed, “We are pleasantly surprised as it is one of the rarest of rare cases where a person who has completed his MBBS degree thought fit to serve in a post which is much inferior to which he was eligible.” The judges dismissed the appeal and directed the state to implement the order of the single judge within three months.