HC slams doctors seeking extension to join Govt service, denies relief

Chennai: Observing that there no extension could be granted, especially for joining the Rural Health Service, the Madras High Court recently dismissed the pleas filed by doctors who sought an extension of the deadline to report and join duty at the Government Primary Health Centre.

"There cannot be any extension of service, particularly, when the petitioners had been called to join in Rural Health Service. The petitioners cannot, as a matter of right, seek extension and claim that only after completing their Post Graduation Course, which course they were already doing even at the time of applying for the post, they would join and render service," observed the HC bench comprising C.V. Karthikeyan.

The Court was hearing a bunch of pleas seeking directions to the Director of Public Health and Preventive Medicine to extend the time for reporting and joining in duty for the petitioners at the Government Primary Health Centre.

After clearing the National Eligibility-Entrance Test Postgraduate (NEET-PG) examination, the petitioners were placed in the All India Quota at different medical colleges in Tamil Nadu. Each of them had also executed a bond for Rs 40 lakh stating that they would not forego the studies.

However, the terms of the conditions of the bond were not restricted to not participate in the Medical Service Recruitment Board exam and therefore, after being appointed, the petitioner had given individuals representations seeking extension of time to join duty at the respective Government Primary Health Centres.

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The counsel for the petitioners stated that a Single Judge bench of the Madurai bench of the High Court in a similar case had ordered that provided that in special circumstances, the appointing authority may extend the time-limit up to six months for valid reasons.

While considering the matter, the HC bench noted that the Single Judge, while examining the issue, had arrived at an opinion that the proviso to Section 7(5) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, provides for extension of time limit up to six months for valid reasons and in special circumstances.

However, the bench observed that the provision indicated two separate facts to be considered- one, that the circumstances must be special and the reason must be valid.

"Insofar as the petitioners are concerned, even on the date when the petitioners had applied for the post of Assistant Surgeon (General), the petitioners would have known that even if selected, they would never be in a position to join duty. They were doing their Post Graduation in All India Quota at different medical colleges in Tamil Nadu. They had also executed a bond for Rs.40,00,000/- undertaking that they would complete that course of study. If, this fact had been disclosed to the respondents, they would have taken a considered decision to either appoint the petitioners or activate the reserve list and appoint any other deserving candidate," the bench noted at this outset.

"The petitioners have already enjoyed the benefit of doing Post Graduation and had kept quiet and later, when the appointment order had been issued, now seek advantage of the proviso to Section 7(5) of the aforementioned Act and states that the respondents must grant exemption and extend the time of joining," it further observed.

The Court noted that the learned Single Judge had placed his observation on the aforementioned provisions of law. However, the said provisions can be put into effect only in special circumstances and in extraordinary circumstances.

It further observed that

"It could be put into effect in the event of an unforeseen circumstance, which happened after the selection process and the petitioners were not able to join the duty owing to circumstances, which had arisen subsequently disabling them from joining duty. The petitioners however assign reasons, which were evident even before the selection process had commenced. They are neither valid nor could be categorised as a special circumstance."

The High Court bench opined that there could not be any extension, especially when the petitioners had been called to join in Rural Health Service. It observed that the petitioners could not seek an extension and claim that they would join and render service only after completing their Post Graduation Course, which they were already pursuing at the time of applying for the post.

"This could also be viewed as suppression of a fact and deliberate attempt at preventing an opportunity being granted to yet another candidate, who would be very much willing to join Rural Health Service in any nook and corner of the State and serve the poor people of the State. I am not impressed with the reasons given seeking extension. To that extent since the learned Single Judge had not addressed the issue from this perspective, I would hold the order of the learned Single Judge as per incuriam applicable only to the writ petitions decided by the learned Single Judge," the bench noted.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/posting-madras-hc-284809.pdf

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