: The Madras High Court bench today imposed a cost of Rs one lakh on the Health Secretary and Secretary of Selection Committee for driving a doctor from pillar to post and for depreciating her rights for her higher studies.
Justice S Nagamuthu also asked them to pay Rs 25,000 as litigation expenses.
Petitioner J Mercy Rumya Florence, an Assistant Surgeon submitted that she was that she temproraily appointed at a Primary Health Centre in Thulukarapatti at Tirunelveli district and worked for two years and four months.
In order to appear for Post Graduate degree selection process conducted by the Selection Committee, she appeared for the entrance exam conducted for 2012-13 academic year and scored 63.36 per cent out of 90 in the written examination.
As per the prospects, the Committee ought to have awarded one mark for each completed year for Compulsory Rotatory Residential Internship service for working in rural areas.But they had refused to do so, contending that the marks can be awarded only to candidates in regular service, she said
Rumya submitted the weightage of service or concession to avail 50 percentage reservation for PG degree seats was not extended to medical officers appointed on contract basis and that the differentiation to service candidates was no way connected with awarding marks for rural medical service.
She also submitted that refusing to award the marks would have the worst impact on her carrier to get a PG degree.
Hence she sought to award two marks for her rural service which would place her 200 ranks above the present position.
The case dragged for more than two years and finally, the respondents stated she could be given an opportunity in the upcoming exams.
Rejecting this, Justice S Nagamuthu, said that due to the careless attitude of the respondents, the petitioner had lost her Right to acquire a PG seat and that they were liable to pay her compensation for the damages done to her
"This deprivation of her rights to have a seat in anyone of the post graduate course cannot be condoned and the action of the Secretary of Selection Committee deserves to be condemned in strong terms," the judge said.
