Madras High Court
N.Usharani vs The Director Of Indian Medicine ... on 23 November, 2021
W.P.No. 20715 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2021
CORAM
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No. 20715 of 2009
and
M.P.No. 2 of 2009
N.Usharani ..Petitioner
Vs
1. The Director of Indian Medicine and
Homoeopathy,
Chennai-106.
2. The Assistant Director of Employment
and Training, R.K.Madam Salai,
Chennai – 4. ..Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India
for writ of Certiorarified mandamus, calling for the records connection
in Ref.No. 5565/E1/2/09 dated 15.09.2009 passed by the 1st
respondent and quash the same and direct the respondents to allow
the petitioner to participate the said interview for the post of Assistant
medical officer Siddha though open market
For Petitioners : Mr.G.Elanchezhiyan
For Respondents : Mr.T.Arun Kumar, AGP
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1/6
https://www.mhc.tn.gov.in/judis
W.P.No. 20715 of 2009
ORDER
This writ petition has been filed challenging the notification dated
15.09.2009, issued by the 1st respondent/Directorate of Indian
Medicine an Homoeopathy, Chennai.
2. Heard the learned counsel for the petitioner and the learned
Additional Government Pleader appearing for the respondents and
perused the materials available on record.
3. The learned counsel for the petitioner submitted that the writ
petitioner, after completion of Siddha Medical Course, registered his
name in the profession employment exchange in the office of the
Assistant Director of Profession and Administrative Employment
Exchange, Chennai. In the year 1999, he attended the interview for
the post of Assistant Sidda Medical Officer, Rural Dispensary at
C.Mutalur, Melbhuvanagiri Panchayat Union and he was selected for the
said post and joined duty. Subsequently, for renewal of his seniority in
employment exchange registration, the petitioner has sent a
communication on 23.11.2005 to the Assistant Director of
Employment and Training, Chennai -4. On verification, the petitioner
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W.P.No. 20715 of 2009
came to know that his registration was not renewed. The petitioner
has made representation for the same, but no action has been taken
on his complaint.
4. The learned counsel for the petitioner has further submitted
that subsequently, the petitioner has applied for the post of Assistant
Medical Officers in Siddha under NRHM Scheme called for throughout
the State of Tamil Nadu for 200 posts. The Principal Secretary and the
Director of Indian Medicine and Homeopathy, Chennai have called for a
list of eligible candidates for the said post and the candidates in the
said list were directed to attend the interview which held from
05.10.2009 to 13.10.2009. The petitioner's name was not furnished
for the interview. Hence the writ petition.
5. The main contention of the learned counsel for the petitioner
is that without considering the request of the petitioner for renewal of
employment registration, the Employment Exchange Officer
Professional and Executive Employment Exchange , Chennai had
forwarded the list of candidates excluding the name of the petitioner.
Based on the aforesaid list submitted by the employment exchange,
the candidates were selected for the said post. Therefore, the entire
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W.P.No. 20715 of 2009
notification process issued by the respondent is illegal and arbitrary
and the same is liable to be set aside on the ground that they have not
followed the judgment of the Hon'ble Division Bench of this Court in
W.A.No. 1027 of 2013 following the decisions of the Hon'ble Apex
Court and also the Government order passed in G.O.(MS) No. 44,
Labour and Employment (T2) Department, dated 11.03.2015.
6. This Court, at the time of admission, taking note of the
decision rendered by the Hon'ble Full Bench of this Court in
R.Sivakumar Vs. R.M.P. Edainilai Asiriyargal Sangam (2007 (6) MLJ
1583), had passed an interim order, directing the respondents to keep
one post vacant until final orders passed in the writ petition.
7. Though this writ petition is taken up for final hearing at the
distance point of time, the learned Additional Government Pleader fairy
submitted that the aforesaid vacancy has not been filled up and the
same will be filled up by following the guidelines issued in G.O.(MS)
No. 44, Labour and Employment (T2) Department, dated 11.03.2015
issued consequent to the directions issued by the Hon'ble Division
Bench of this Court in W.A.No.1027 of 2013 dated 09.06.2014.
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W.P.No. 20715 of 2009
8. In view of the settled legal position by the Hon'ble Division
Bench of this Court in W.A.No.1027 of 2013 dated 09.06.2014,
following the various decisions rendered by the Hon'ble Apex Court and
the consequential Government Order passed in G.O.(MS) No. 44,
Labour and Employment (T2) Department, dated 11.03.2015, the
respondents are directed to fill up the said one post of Assistant
Medical Officers in Siddha, which is kept vacant by strictly adhering the
guidelines issued in the aforesaid said G.O. It is needless to say that
the respondents shall also follow the aforesaid G.O while filling the
future vacancies in their department.
9. With the above directions, the writ petition is disposed of.
No costs. Consequently, connected Miscellaneous Petition is closed.
23.11.2021
Index: Yes / No
Internet: Yes
ak
https://www.mhc.tn.gov.in/judis
W.P.No. 20715 of 2009
D.KRISHNAKUMAR, J.
ak
To
1. The Director of Indian Medicine and
Homoeopathy,
Chennai-106.
2. The Assistant Director of Employment
and Training, R.K.Madam Salai,
Chennai – 4.
W.P.No. 20715 of 2009
and
M.P.No. 2 of 2009
23.11.2021
https://www.mhc.tn.gov.in/judis
