Madras High Court
WP/35159/2024 of DR.D.THIRUNAVUKKARASU Vs THE STATE OF TAMIL NADU on 9 September 2026
WP No. 35159 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-09-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 35159 of 2024
D.Thirunavukkarasu
..Petitioner
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, Kilpauk, Chennai - 600 010.
..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus, directing the respondents to promote the petitioner to the post of Reader/Associate Professor in Micro Biology / Serology on par with Non-Clinical Teaching Faculty in accordance with the Tamil Nadu Medical Service Rules, National Medical Commission Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022, with retrospective effect, with all consequential and other attendant benefits in consideration of representation submitted by the petitioner within a time frame to be fixed by this Court.
For Petitioner:
Mr.G.Sankaran, Senior Counsel
for Mr.S.Nedunchezhiyan
For Respondents:
Mr.S.Ilamvaludhi
Special Government Pleader
WP No. 35159 of 2024
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ORDER
The present writ petition has been filed to direct the respondents to promote the petitioner to the post of Reader/Associate Professor in Micro Biology/Serology on par with Non-Clinical Teaching Faculty in accordance with the Tamil Nadu Medical Service Rules, National Medical Commission Teachers Eligibility Qualifications in Medical Institutions Regulations, 2022, with retrospective effect, with all consequential and other attendant benefits in consideration of representation submitted by the petitioner within a time frame to be fixed by this Court.
2. The learned Senior Counsel appearing for the petitioner would submit that the petitioner possessed degree in M.Sc. in Medicine, Microbiology and that he was appointed as a Non-Medical Tutor in the Tamil Nadu Medical Service pursuant to the selection conducted by the TNPSC. He was appointed to the said post vide G.O.Ms.No.480, Health and Family Welfare Department dated 23.09.1996. It is also the contention of the petitioner that his services were regularised with effect from 08.11.1996. The learned Senior Counsel would submit that the next avenue of promotion available to the petitioner is to the post of Non-Medical Reader/Associate Professor in Micro Biology and Serology. The learned Senior Counsel would further submit that, as per the 1998 MCI regulations and the 2022 NMC regulations, the petitioner is entitled to continue as a Non-Medical Tutor. It is further submitted that by virtue of the
WP No. 35159 of 2024
judgment of the Hon'ble Supreme Court in S.L.P (C).No.344-345 of 1995, the petitioner is entitled to be considered for promotion. It is also the submission that in respect of other similarly placed Non-Medical Tutors, the aforesaid orders and guidelines were fully implemented, whereas the same have not been implemented in respect of the petitioner. The petitioner has already submitted a representation dated 03.09.2024 to the second respondent and the said representation is yet to be considered.
3. At this juncture, the learned Special Government Pleader appearing for the respondent would submit that, if reasonable time is granted, the petitioner's representation will be considered.
4. Since the prayer sought for in the writ petition is only to consider the petitioner's representation, this writ petition stands disposed of with a direction to the second respondent to consider the petitioner's representation dated 03.09.2024, on its own merits and in accordance with law, after taking into consideration the order of the Hon'ble Supreme Court as well as the existing guidelines, and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. No costs. 09-09-2026 Index: Yes Speaking order Neutral Citation: Yes NSL
WP No. 35159 of 2024
C.KUMARAPPAN, J. NSL To
1. The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.
2. The Director of Medical Education & Research, Kilpauk, Chennai - 600 010. WP No. 35159 of 2024 09-09-2026