IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.08.2009 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.8313 of 2007(T) OA No.650/2002 Dr. A. Ezhilarasu,M.B.B.S., ... Petitioner -Vs- 1. The Govt. of Tamil Nadu, Rep. by its Secretary, Health & Family Welfare Dept., Fort St. George, Chennai-9. 2. The Additional Director of Health & Family Welfare, (Public Health) D.M.S.Compound, Chennai. .... Respondents PRAYER : This writ petition came to be numbered under Article 226 of the Constitution of India, by way of transfer of O.A.No.650 of 2002 from the file of Tamil Nadu Administrative Tribunal, with a prayer to direct the respondents to appoint the Applicant as Assistant Surgeon in Rural Primary Health Centres, based on the seniority maintained in the Tamil Nadu Medical Council, Madras. For Petitioner : Mr.Antony Nirmal for M/s.Muthumani Doraisami For Respondents: Mrs.C.K.Vishnupriya Additional Government Pleader. ORDER The petitioner has filed O.A.No.650 of 2002, which is now W.P.No.8313 of 2007 before this Court, praying for a direction to the respondents to appoint him as an Assistant Surgeon in Rural Primary Health Centres, based on seniority maintained in Tamil Nadu https://hcservices.ecourts.gov.in/hcservices/ Medical Council. 2. Heard Mr. Antony Nirmal, learned counsel for the petitioner and Tmt.C.K.Vishnupriya, Additional Government Pleader for the respondents. 3. The Registration of Medical Practitioners in Tamil Nadu Medical Council has nothing to do with the employment in Tamil Nadu Medical Services. The post of Assistant Surgeons are filled based on the Special Rules framed under Article 309 of the Constitution. These Rules alone govern the recruitment of Assistant Surgeons. As per these Rules, the recruitment is not based on the registration of the Medical Practitioners in the Tamil Nadu Medical Council. 4. Registration of a Medical practitioner in the Tamil Nadu Medical Council is akin to the enrolment of advocates in the Tamil Nadu Bar Council. No one can claim employment in Judicial service, based on the seniority in the Bar Council, as the recruitment to Judicial services are governed by separate Rules. 5. Therefore, the Writ Petition itself is totally misconceived. The prayer in the W.P.No.8313 of 2007 cannot be countenanced. Hence, the Writ Petition is dismissed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar GV To 1. The Secretary, Government of Tamil Nadu, Health & Family Welfare Dept., Fort St. George, Chennai-9. https://hcservices.ecourts.gov.in/hcservices/ 2. The Additional Director of Health & Family Welfare, (Public Health) D.M.S.Compound, Chennai. +1cc to M/s.Muthumani Doraisami, Advocate Sr 40800 +1cc to Govt.Pleader Sr 40863 SJ(CO) km/11.9. W.P.No.8313 of 2007 https://hcservices.ecourts.gov.in/hcservices/