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2025 DAILYLAW 228927 (MAD)

DR. K. KARTHIK v. THE STATE OF TAMIL NADU

WP/49070/2025 · 2025-12-15

M Dhandapani

Transfer Petitionbody2025

Judgment text

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W.P.No.49070 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.12.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.49070 of 2025 And W.M.P.No.54810 of 2025 1.Dr.K.Karthik 2.Dr.G.Vasanth 3.Dr.K.Vinoth 4.Dr.Amalan Christudhas 5.Dr.Elavazhagan 6.Dr.G.Sivachandran 7.Dr.S.suresh 8.Dr.E.Arulanandham 9.Dr.Devi 10.Dr.G.sivakumar 11.Dr.Raghupathi ... Petitioners Vs. 1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai – 600 009. 2.The Director of Medical Education & Research, No.162, Periyar E.V.R. High Road, Kilpauk, Chennai – 600 010. 3.The Director of Medical and Rural Health Services, DMS Compound, Anna Salai, Teynampet, Chennai – 600 006. ... Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P.No.49070 of 2025 Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to forthwith conduct the re-counselling for Cardiology specialty as notified in the circular issued by the second respondent in Ref.No.100579/E3/1/2025 dated 06.12.2025, by notifying all the consolidated vacancies in accordance with Regulations framed in G.O(2D).No.131 Health and Family Welfare (A1) Department dated 20.11.2007, in consideration of representation submitted by the petitioners dated 11.12.2025. For Petitioners : Mr.G.Sankaran Senior Counsel for M/s.S.Nedunchezhiyan For Respondents : Mr.K.Tippu Sulthan Government Advocate O R D E R Mr.K.Tippu Sulthan, learned Government Advocate takes notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to forthwith conduct the re-counselling for Cardiology specialty as notified in the circular issued by the second respondent in Ref.No.100579/E3/1/2025 dated 2/6 https://www.mhc.tn.gov.in/judis W.P.No.49070 of 2025 06.12.2025, by notifying all the consolidated vacancies in accordance with Regulations framed in G.O(2D).No.131 Health and Family Welfare (A1) Department dated 20.11.2007, in consideration of representation submitted by the petitioners dated 11.12.2025. 3.The learned Senior Counsel appearing for the petitioners submitted that the petitioners are Cardiologists working in various Medical Colleges and they are eligible to participate in the transfer counselling as per G.O(2D).No.131 Health and Family Welfare (A1) Department dated 20.11.2007. As per the Government Order, consolidated vacancies are to be published before counselling. In the intra counselling for DME conducted on 13.11.2025, six vacancies have been notified for the existing Assistant Professor/ Senior Resident and resultant six vacancies have been notified for inter-directorate counselling conducted on 20.11.2025. Whileso, when the counselling was conducted for service Post Graduates (who are completing Post Graduation in the present academic year) on 20.11.2025, twelve additional vacancies were notified afresh and the said twelve vacancies were not notified in the earlier counselling conducted for the existing Assistant Professor/ Senior Resident. 3/6 https://www.mhc.tn.gov.in/judis W.P.No.49070 of 2025 4.The learned Senior Counsel appearing for the petitioners further submitted that the second respondent thereafter issued circular for re-counselling for Cardiology Department on 10.12.2025, however, the same was not conducted and issued a circular stating that no re- counselling for Speciality of Cardiology. In this regard, the petitioners made representation to the respondents, however, there is no response. Hence, this Court may issue direction to the respondents to forthwith conduct the re-counselling for Cardiology specialty as notified in the circular dated 06.12.2025 issued by the second respondent, by notifying all the consolidated vacancies in accordance with Regulations framed in G.O(2D).No.131 Health and Family Welfare (A1) Department dated 20.11.2007. 5.Admittedly, the second respondent issued circular for re-counselling for Cardiology Department on 10.12.2025, however, the same was not conducted. Hence, considering the submission made by the learned Senior Counsel appearing for the petitioners, this Court directs the respondents to publish the number of vacancies in respect of Cardiology Department all over Tamil Nadu, within a period of two weeks from the date of receipt of a copy of this order, so as to enable 4/6 https://www.mhc.tn.gov.in/judis W.P.No.49070 of 2025 the petitioners to work out their remedy in the manner known to law. This Court further directs that if there is any vacancy in the Cardiology Department, the same may be accommodated by way of re-counselling comprehensively. 6.The writ petition is disposed of on the above terms. No costs. Consequently, the connected miscellaneous petition is closed. 15.12.2025 pri Note: Issue order copy on 16.12.2025. Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai – 600 009. 2.The Director of Medical Education & Research, No.162, Periyar E.V.R. High Road, Kilpauk, Chennai – 600 010. 3.The Director of Medical and Rural Health Services, DMS Compound, Anna Salai, Teynampet, Chennai – 600 006. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.49070 of 2025 M.DHANDAPANI,J. pri W.P.No.49070 of 2025 And W.M.P.No.54810 of 2025 15.12.2025 6/6 https://www.mhc.tn.gov.in/judis