Dr. Ezhil Sundar v. The Principal Secretary to Government

ORDER This Writ Petition has been filed for the following reliefs:-"directing the respondents to consider the petitioners representation dated 15.06.2026 with a positive direction to consider and appoint the petitioner as Associate professor of Urology in the existing second vacancy of the 2017-18 panel. Brief Facts:-

2.The petitioner is a qualified medical practitioner holding the degrees of M.S. and M.Ch. (Urology) and has been serving in the Tamil Nadu Medical Service since 06.10.1997. Having acquired the requisite teaching experience and the mandatory indexed journal publications prescribed under G.O.(Ms.) No.77, Health and Family Welfare Department, dated 23.02.2016, the petitioner became fully eligible for inclusion in the panel for promotion to the post of Associate Professor of Urology for the panel year 2017–2018.

¶3The Government, by G.O.(D) No.1212, dated 14.11.2022, sanctioned two vacancies for the post of Associate Professor of Urology for the panel year 2017–2018. However, only one candidate, who is admittedly junior to the petitioner in the Civil Medical List, was promoted, while the second sanctioned vacancy was left unfilled. Thereafter, the petitioner was included in the panel for the subsequent year 2018–2019 under G.O.(D) Nos.1213 and 1215, dated

14.11.2022, thereby depriving him of his rightful promotion in the panel year Page3 of 4 2017–2018 and the consequential seniority and service benefits.

¶4Aggrieved by the respondents' failure to consider his claim for promotion against the second sanctioned vacancy in the panel year 2017–2018, the petitioner had submitted several representations, the last of which is dated

15.06.2026. Since no action has been taken on the said representation, to date, the petitioner is before this Court seeking the reliefs stated supra.

¶5Heard the learned counsel on either side and perused the records.

¶6Considering the relief sought for by the petitioner and in the absence of any serious objection on the side of the learned counsel appearing for the respondents, this Court without going into the merits of the case, directs the respondents to consider and pass appropriate orders on the petitioner's representation dated 15.06.2026, on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

¶7Accordingly, the writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 25-06-2026 Index: Yes/No Speaking/Non-speaking order SHR Page4 of 4 P.T.ASHA J. SHR To

¶1The Principal Secretary to Government Health and Family Welfare department, Secretariat, Fort St.George, Chennai 09

¶2The director of Medical education No. 162 Periyar E.V.R. High Road, Kilpauk, Chennai 10

¶3The director Directorate of Medical and Rural Health Services, DMS complex, No. 359-361 Anna Salai, Teynampet, Chennai 06 AND WMP NO. 26096 OF 2026 25-06-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-06-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP NO. 26096 OF 2026 DR. Ezhil Sundar ..Petitioner(s) Vs 1. The Principal Secretary to Government Health and Family Welfare department, Secretariat, Fort St.George, Chennai 09 2. The director of Medical education No. 162 Periyar E.V.R. High Road, Kilpauk, Chennai 10 3. The director Directorate of Medical and Rural Health Services, DMS complex, No. 359- 361 Anna Salai, Teynampet, Chennai 06 ..Respondent(s) Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to consider the petitioners representation dated 15.06.2026 with a positive direction to consider and appoint the petitioner as Associate professor of Urology in the existing second vacancy of the 2017-18 panel. For Petitioner(s): Mr.S.D. Ramalingam For Respondent(s): Mr.L.Gokulraj, GA Page2 of 4