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W.P.(MD).No.647 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.647 of 2025 and W.M.P.(MD)No.430, 432 & 434 of 2025 S.Rajakumari
... Petitioner -vs-
1. The Director, Public Health and Preventive of Disease Department, No.64, 75, Varadharajapuram Main Road, Chockalingam Nagar, Teynampet, Chennai 600 006.
2. The Mission Director, National Health Mission, DMS Campus, DMS Annexe, 5th Floor, TNHSB Building, Anna Salai, Teynampet, Chennai 600 006.
3. The Commissioner, Commissionerate of Indian Medicine and Homeopathy, Chennai 600 116.
4. The Chairman, District Health Society / District Collector, Tirunelveli District. 1/6 https://www.mhc.tn.gov.in/judis
W.P.(MD).No.647 of 2025
5. The Member Secretary / District Health Officer, District Health Society, Tirunelveli. ... Respondents (R5 is Impleaded Vide Court Order dated 30.01.2025 in WMP(MD). 1432/2025.) PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned press note issued by the 4th respondent office dated 13.12.2024 in Se.Ve.No.685 and the consequential notice dated 23.12.2024 in Notification No.03/2024 and quash the same in so far as the Serial No.4 for appointment of Dental Surgeon of four posts is concerned and quash the consequential Notification dated 23.12.2024 in Notification No. 03/2024 and consequently direct the 4th respondent to extend the contract for the post of Dental Surgeon by considering the petitioner's representation dated
31.12.2024. For Petitioner : Mr.V.Sasikumar For Respondents : Mr.K.Balasubramani Special Government Pleader
ORDER This writ petition has been filed challenging the impugned press note issued by the 4th respondent office dated 13.12.2024 in Se.Ve.No.685 and the consequential notice dated 23.12.2024 in Notification No.03/2024 and quash 2/6 https://www.mhc.tn.gov.in/judis
W.P.(MD).No.647 of 2025 the same in so far as the Serial No.4 for appointment of Dental Surgeon of four posts is concerned and quash the consequential Notification dated 23.12.2024 in Notification No. 03/2024 and also to direct the 4th respondent to extend the contract for the post of Dental Surgeon by considering the petitioner's representation dated 31.12.2024. 2. Heard the learned counsel on either side. 3. The petitioner has completed Bachelor of Dental Surgery Course (BDS) in the year 2002 and Master of Dental Surgery in Pedodontics and Preventive Dentistry in the year 2017. The fourth respondent, on 12.01.2024, issued a notification calling for several posts including four Dental Surgeons on temporary basis for a period of 11 months. The petitioner applied for the said post and he has also got appointment vide appointment order dated
15.03.2024. The appointment was made only on contractual basis only for a period of eleven months. 4. It is the case of the petitioner that he is discharging his duties without any complaints and while this being so, the fourth respondent on 13.12.2024, issued a fresh notification calling for some specified posts 3/6 https://www.mhc.tn.gov.in/judis
W.P.(MD).No.647 of 2025 including the four Dental Surgeons and also issued consequential notification. Challenging the same, this writ petition came to be filed. 5. The learned Special Government Pleader appearing for the respondents submitted that the appointment of the petitioner was made only on contractual basis for a period of eleven months and hence, the fourth respondent again issued fresh notification calling for certain specified posts including Dental Surgeons. 6. There is no dispute that the petitioner was issued with an appointment order on 15.03.2024, which is purely on temporary and contractual basis only for a period of eleven months and there were certain conditions in the notification dated 12.01.2024, which reads as under:-
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W.P.(MD).No.647 of 2025
7. Thus, the petitioner has no right to claim for the said employment and hence, the relief sought for by the petitioner, cannot be countenanced.
Hence, this writ petition is liable to be dismissed. Accordingly, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 27.06.2025 NCC : Yes/No Index : Yes / No sm TO:-
1. The Director, Public Health and Preventive of Disease Department, No.64, 75, Varadharajapuram Main Road, Chockalingam Nagar, Teynampet, Chennai 600 006. 2. The Mission Director, National Health Mission, DMS Campus, DMS Annexe, 5th Floor, TNHSB Building, Anna Salai, Teynampet, Chennai 600 006. 3. The Commissioner, Commissionerate of Indian Medicine and Homeopathy, Chennai 600 116. 4. The Chairman, District Health Society / District Collector, Tirunelveli District. 5. The Member Secretary / District Health Officer, District Health Society, Tirunelveli. 5/6 https://www.mhc.tn.gov.in/judis
W.P.(MD).No.647 of 2025 VIVEK KUMAR SINGH, J. sm
Order made in W.P.(MD)No.647 of 2025 Dated: 27.06.2025 6/6 https://www.mhc.tn.gov.in/judis