Madras High Court
The State Of Tamilnadu vs S.Manimegalai on 11 June, 2021
W.A.(MD)No.1165 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1165 of 2021
and
CMP(MD).No.4993 of 2021
1. The State of Tamilnadu
rep. by the Secretary to Government,
Health and Family Welfare Department,
Fort St.George, Chennai-600 009.
2. The Director of Medical Education,
Kilpauk, Chennai-600 010.
3. The Dean,
Kanyakumar Government Medical College,
Asaripallam,
Kanyakumari District. ... Appellants/
Respondents 1 to 3
Vs.
S.Manimegalai
... Respondent/Writ Petitioner
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.17772 of 2018, dated 21.08.2018.
For Appellants : Mr.A.K.Manickam
Government Counsel
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W.A.(MD)No.1165 of 2021
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.A.K.Manickam, learned Government Counsel
appearing for the appellants.
2. This appeal filed by the State is directed against the order dated
21.08.2018 in W.P(MD).No.17772 of 2018. The respondent filed a writ petition
for a direction to the third appellant to regularise her services as Lab Technician
Grade-II from the date of her appointment, namely, 09.05.2005, by taking into
consideration the directions issued in the writ petitions filed by certain other
persons, who according to the respondent are similarly placed as that of the
respondent and also taking note of the proceedings of the second appellant
dated 03.07.2018.
3. The learned Writ Court has directed the appellants to consider the
case of the respondent. The appellants are before us by contending that the
respondent's case cannot be compared with the case of other candidates, who
had earlier filed writ petitions as the respondent is unqualified, since she does
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W.A.(MD)No.1165 of 2021
not possess a certificate issued by the Director of Medical Education/Director of
the King Institute of Preventive Medicine and Research, Guindy. Furthermore,
it is contended that all entry level paramedical posts have to be filled-up by
adopting a recruitment process which will be conducted by the Medical
Services Recruitment Board. Thus, the contention of the appellants is that the
plea of regularisation cannot be entertained.
4. After we have gone through the order passed by the learned Writ
Court, we find that the learned Writ Court has not issued any positive direction,
though it has directed the appellants to take note of the proceedings of the
second respondent dated 03.07.2018 and also the order in W.P(MD).No.15909
of 2012, dated 09.01.2015. However, the learned Writ Court has made it
specifically clear that the proceedings as well as the order in the writ petition
has to be taken note of only if it is found applicable to the respondent and if
there is no legal impediments to do so. Thus, if according to the appellants the
proceedings of the second appellant dated 03.07.2018 and the order in
W.P(MD).No.15909 of 2012, dated 09.01.2015 are not applicable, then the
appellants can always pass such an order and inform the respondent.
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W.A.(MD)No.1165 of 2021
5. The appellants are also free to take a decision as to why
regularisation cannot be done. All that is required to be done is the respondent's
representation has to be considered.
6. With this clarification, this Writ Appeal stands disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 11.06.2021
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Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
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W.A.(MD)No.1165 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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W.A.(MD)No.1165 of 2021
11.06.2021
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