Case Note & Summary
The petitioner, a medical practitioner holding an MBBS degree and registered with the Tamil Nadu Medical Council, had rendered services in various hospitals during the Covid-19 pandemic, including at CHC Vellarada in Trivandrum District, Kerala, and at institutions in Kanyakumari District. Following an advertisement by the Medical Recruitment Board for 1220 Medical Officer posts, she participated in the selection process and secured 42 marks. She had earlier filed W.P.No.32609 of 2022, asserting that her Covid-19 experience was not being considered for weightage marks. That writ petition was disposed of on 02.12.2022, directing her to submit a fresh representation to the first and second respondents, and requiring them to pass orders on merits keeping in view the Supreme Court’s Suo Motu Writ Petition (Civil) No.3 of 2021 and the Central Government notification dated 03.05.2021. Subsequently, the Director of Public Health and Preventive Medicine issued proceedings on 30.12.2022 and a letter on 08.03.2023 indicating that 40% preferential marks could be used for applying to Medical Officer posts at Urban Health and Wellness Centres under the National Health Mission. In response, the petitioner submitted a representation dated 12.10.2023, seeking appointment as a Medical Officer in an Urban Health and Wellness Centre. When another recruitment notification was issued on 02.02.2023 for contractual Medical Officer posts, the petitioner applied and secured 25 marks. However, her resident certificate and Covid-19 experience certificate (dated 07.02.2023) issued by the Joint Director, Medical & Rural Health Services, Kanyakumari District, were rejected because the certificate was not in accordance with relevant rules – her Covid-19 service had been performed in Kerala, outside the native district, and the authority issuing the certificate was not competent to certify services rendered in another state. The Additional Government Pleader contended that the petitioner ought to have obtained an experience certificate from the competent authority in Kerala. The court, upon examination of the records, agreed with this submission. It held that the petitioner had failed to submit an experience certificate from the competent authority under whose jurisdiction the Covid-19 service was actually rendered, and therefore she was not entitled to the relief sought. The writ petition was accordingly dismissed with no order as to costs.
Headnote
A) Service Law – Appointment – Weightage Marks for Covid-19 Service – Constitution of India, Article 226 – The petitioner sought a writ of mandamus to direct the respondents to consider her application for the post of Medical Officer, claiming weightage for Covid-19 service rendered in Kerala and submitting an experience certificate dated 07.02.2023 from the Joint Director, Medical & Rural Health Services, Kanyakumari District – The court found that the certificate was issued by an authority not competent to certify services rendered outside its jurisdiction, as the service was performed in Kerala – Held that a certificate from the competent authority of the state where service was rendered is mandatory; the petitioner’s reliance on a certificate from a non-competent authority was impermissible, and the writ petition was dismissed (Paras 6-8).
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing the respondents to consider her application for the post of Medical Officer based on a Covid-19 experience certificate issued by an authority not competent to certify services rendered in another state
Final Decision
The writ petition was dismissed. No order as to costs.
Law Points
- Legal points not extracted
- Weightage marks for Covid-19 service require an experience certificate from the competent authority under whose jurisdiction the service was rendered
- a certificate from an authority outside the jurisdiction is impermissible
- writ of mandamus cannot be issued when the petitioner fails to comply with eligibility requirements
Case Details
2025 LawText (MAD) (02) 295
W.P.(MD) No.31398 of 2024
Mr. B. Karunanithi (for petitioner), Mr. M. Siddharthan, Additional Government Pleader (for respondents 1 to 4)
1. The Principal Secretary to Government, Health & Family Welfare Department, Fort St. George, Chennai – 600 009; 2. The Director of Public Health and Preventive Medicines, DMS Building, Teynampet, Chennai – 600 006; 3. The District Collector, Kanyakumari District; 4. The Deputy Director of Health Sciences, Nagercoil, Kanyakumari District
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a direction to consider the petitioner's application for appointment as Medical Officer.
Remedy Sought
Petitioner sought a writ of mandamus to direct the respondents to consider her claim for appointment as Medical Officer by considering her application dated 02.11.2024.
Filing Reason
The petitioner contended that her Covid-19 experience was not being considered and that the respondents rejected her candidacy on the ground that the experience certificate was from a non-competent authority.
Previous Decisions
An earlier writ petition (W.P.No.32609 of 2022) was disposed of on 02.12.2022, directing the respondents to consider the petitioner's Covid-19 service and pass orders. Consequently, the Director of Public Health issued proceedings recognizing 40% preferential marks for such service for Medical Officer posts under the National Health Mission, and the petitioner submitted a representation on 12.10.2023 seeking appointment.
Issues
Whether the petitioner is entitled to a writ of mandamus for consideration of her application for appointment as Medical Officer when she has submitted a Covid-19 experience certificate from an authority that is not competent to issue such certificate for services rendered outside its jurisdiction.
Submissions/Arguments
Petitioner argued that she had rendered Covid-19 service in various hospitals, including in Kerala, and her experience should be considered for weightage marks in the recruitment process.
Respondents contended that the petitioner's Covid-19 experience certificate was issued by the Joint Director, Medical & Rural Health Services, Kanyakumari, but the service was rendered in Kerala; therefore, the certificate was impermissible as it must come from the competent authority in Kerala.
Ratio Decidendi
A candidate seeking weightage marks for Covid-19 service must submit an experience certificate from the competent authority of the state where the service was rendered; a certificate from an authority outside the jurisdiction is not valid and cannot be considered.
Judgment Excerpts
Learned Additional Government Pleader appearing for the respondents would submit that the petitioner might have rendered her service during the Covid-19 in the State of Kerala and for that service, she has to obtain certificate from the competent authority to claim the weightage marks. But the petitioner submitted Covid-19 experience certificate dated 07.02.2023 from the Joint Director, Medical & Rural Health Services, Kanyakumari District, claiming the services rendered at Trivandrum of Keral State, which is impermissible.
On careful perusal of the materials available on record, there is substantial force in the submission of the learned Additional Government Pleader in view of the fact that the petitioner did not submit the experience certificate from the competent authority under whose jurisdiction the petitioner rendered Covid-19 service. As such, in our considered view, she is not entitled for the relief sought for in the present writ petition.
Procedural History
The petitioner initially filed W.P.No.32609 of 2022, which was disposed on 02.12.2022 with directions to the respondents to consider her Covid-19 service. Following that, the Director of Public Health issued proceedings on 30.12.2022 and a letter on 08.03.2023 regarding 40% preferential marks. The petitioner submitted a representation on 12.10.2023. She later filed the present writ petition (W.P.(MD) No.31398 of 2024) seeking a direction to consider her application dated 02.11.2024.
Acts & Sections
- Constitution of India: Article 226
