POOVENDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed against the impugned proceedings of the third respondent Director of Public Health and Preventive Medicine dated 09.11.2007, by which, based on the order passed in W.P.No.46644 of 2006 filed by Dr. S. Thivya, the third respondent has withdrawn the permission granted to the petitioner to join service after completion of P.G. Course.

(2.) BY the Government letter dated 18.07.2008, the Government has granted permission to the writ petitioner to complete his P.G. Course and thereafter to join in service for which he was selected as Assistant Surgeon (General / Specialties) in the Tamil Nadu Medical Service, for the year 2003-04.

(3.) . More over, there is no power in the Authorities to grant relaxation of the condition to join duty. The binding nature of the instructions to the candidate is well settled. The Supreme Court in Punjab Engineering College, Chandigarh Vs. Sanjay Gulati, (AIR 1983 SC 580) has clearly laid down that the prospectus is binding on all persons concerned and following the same, a Division Bench of this Court has also observed in Rathnaswamy, Dr. A. Vs. Director of Medical Education, (1986 WLR 207) that the rules and norms of the prospectus are to be strictly and solemnly adhered to. The same principle is reiterated in the case of Dr. M. Ashiq Nihmathullah Vs. The Government of Tamil Nadu and Others, (2005 WLR 697). It is not permissible for the Court to make any modification and/or relaxation in the conditions stipulated by the prospectus. Further, granting of any relief in this petition would mean that the post in question will have to be kept vacant for another six months or one year causing serious prejudice to the general public."