Madras High Court
The State Of Tamil Nadu vs E.Manimegalai on 29 October, 2021
W.A.No.662 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 29.10.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
AND
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
W.A.No.662 of 2015
and
M.P.No.1 of 2015
1.The State of Tamil Nadu,
Rep. by its Secretary,
Health and Family Welfare Department,
Fort. St. George, Chennai – 600 009.
2.The Director,
Tamil Nadu Medical Service Recruitment Board,
7th Floor, DMS Building, 359 Anna Salai,
Teynampet,
Chennai – 600 006.
Now as
The Member Secretary,
Medical Services Recruitment Board,
7th Floor, DMS Building,
No.359, Anna Salai,
Teynampet,
Chennai – 600 006. .. Appellants
1/10
http://www.judis.nic.in
W.A.No.662 of 2015
Vs.
E.Manimegalai
.. Respondent
PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent, to set aside the
order dated 18.07.2014 made in W.P.No.25968 of 2012.
For Appellants : Mr.T.N.C.Kaushik
Government Counsel
For Respondent : Mr.N.Surya Senthil
JUDGMENT
(Judgment of the Court was made by K.KALYANASUNDARAM, J)
This appeal arises out of the order passed in W.P.No.25968 of 2012 dated
18.07.2014, wherein, the learned Single Judge allowed the writ petition and
directed the appellants to consider the case of the writ petitioner in the future
vacancy.
2.The appellants are the respondents in the writ petition and the writ
petition was filed by the respondent herein for issuance of a Writ of Mandamus
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W.A.No.662 of 2015
directing the second respondent therein to accept the recognition of the Diploma
in Medical Laboratory Technology Course and consider her as a candidate for the
post of Lab Technician Grade-II.
3.The case of the writ petitioner is that she belongs to Backward
Community and she obtained B.Sc., degree from the University of Madras in the
year 1995 and holding a Diploma in Medical Laboratory Technology from the
College of Medical Technology, Voluntary Health Services, Adyar, Madras, in
1987. The Tamil Nadu Medical Services Recruitment Board had issued an
advertisement for recruitment to the post of Lab Technician Grade-II. Her name
was forwarded along with other names to the Board by the District Employment
Office (Technical Personnel), Chennai and on 16.08.2012, she received a call
letter for certificate verification to be held on 25.09.2012. The said call letter
states that a Diploma in Medical Laboratory Technician Course (DMLT-2 years)
conducted by the Director, King Institute of Preventive Medicine, Chennai – 32,
under certificate issued by the DME, Chennai -10, alone shall be eligible for
appearing for certificate verification. Immediately, she made a representation
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W.A.No.662 of 2015
dated 18.08.2012 to the second respondent to consider her candidature since she
has satisfied all the eligibility criteria. But there was no response, hence, she filed
the writ petition.
4.The further case of the petitioner is that by G.O.Ms.No.2640, Health
Education and Public Health Department, dated 29.11.1962, the Government has
approved the Lab Technician's Course conducted by the Voluntary Health
Services, Adyar, but her case was not considered on earlier two occasions in the
years 1990 and 2002.
5.In the counter filed by the respondent, it was stated that in
G.O.Ms.No.2640, Education and Public Health Department, dated 29.11.1962, it
is clearly mentioned that the candidates who have successfully undergone the Lab
Technician Course may be appointed as Laboratory Assistants in the Medical
Department or as Bacteriology Assistants in the King Institute, Guindy. The post
of Laboratory Assistant is not equivalent to Laboratory Technician Grade-II Post.
In G.O.Ms.No.39, Health and Family Welfare (C2) Department, dated
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W.A.No.662 of 2015
05.02.2007, eligibility for the post of Lab Technician Grade-II has been clearly
stated and as per the said G.O., a Diploma in Medical laboratory Technology
Course (two years duration) conducted by the King Institute of Preventive
Medicine or from any other Institution recognised by the Government of Tamil
Nadu for this purpose. Provided that, if candidates with the above qualification
are not available then candidates with Certificate in Medical Laboratory
Technology (one year) duration conducted by the institutions recognised by the
Government of Tamil Nadu for this purpose may be appointed.
6.The sum and substance in the counter of the respondent is that the writ
petitioner has not satisfied the eligibility criteria and that apart, as more number
of Diploma in Medical Laboratory Technology candidates are readily available,
Certificate in Medical Laboratory Technology (one year) candidates cannot be
considered to be posted in those vacancies.
7.The learned Single Judge having found that the writ petitioner has
successfully completed one year Diploma Course offered by the Voluntary Health
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W.A.No.662 of 2015
Services, Adyar and the institution was recognised by the Government in
G.O.Ms.No.2640, Education and Public Health Department, dated 29.11.1962,
issued a direction to consider the case of the petitioner in the next vacancy that
may arise in future. Assailing the order, the present writ petition has been filed.
8.The learned Government Advocate appearing for the appellants
Mr.T.N.C.Kaushik would urge that as per the Adhoc Rules and G.O.Ms.No.39,
Health and Family Welfare (C2) Department, dated 05.02.2007, the Tamil Nadu
Medical Service Recruitment Board (MRB) has to first consider the candidate,
who has Diploma in Medical Laboratory Technician Course (DMLT-2 years)
conducted by the Director, King Institute of Preventive Medicine, Chennai.
Furthermore, the certificate shall be issued by the Director of Medical Education,
Chennai, but the Diploma Certificate of the writ petitioner has not been issued by
the competent authority i.e., the Director of Medical Education (DME). Since
more number of candidates in DMLT were available, the case of the writ
petitioner was not considered. The learned Single Judge without noticing the
same, has allowed the writ petition.
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W.A.No.662 of 2015
9.Per contra, the learned counsel for the respondent made submission
justifying the order of the learned Single Judge.
10.We have carefully perused the rival submissions and perused the
materials available on record.
11.In the instant case, it is an admitted fact that the writ petitioner has
obtained a Diploma in Medical Laboratory Technology (one year). Perusal of
G.O.Ms.No.39, Health and Family Welfare (C2) Department, dated 05.02.2007
would reveal that the candidates who possess two years duration course in
Diploma in Medical Laboratory Technician (DMLT – 2 years) conducted by the
King Institute of Preventive Medicine, Chennai or any other institution
recognised by the Government of Tamil Nadu will be considered at the first
instance and if those candidates are not available, the candidates who are holding
CMLT (one year), will be considered for appointment of Lab Technician Grade-II.
It is also relevant to note that while granting approval to the Voluntary Health
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W.A.No.662 of 2015
Services, Adyar to conduct Laboratory Technician course, it is clearly stated that
the candidate, who has successfully undergone the course, may be appointed as
Lab. Assistant in the Medical Department and as Bacteriology Assistant in the
King Institute, Guindy or any other suitable post provided by otherwise satisfied
the Rules.
12.The specific case of the appellants is that the candidates with DMLT
were readily available for the appointment and hence, the case of the writ
petitioner was not considered. It is not the case of the writ petitioner that one
year qualified CMLT holders were considered for appointment and her case was
rejected arbitrarily. It must be mentioned that the eligibility criteria fixed by the
Government in G.O.Ms.No.39, Health and Family Welfare (C2) Department,
dated 05.02.2007, was not challenged by the writ petitioner. Therefore, we are of
the considered opinion that the order passed in the writ petition cannot be
sustained and hence, it is liable to be set aside.
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W.A.No.662 of 2015
13.Accordingly, this writ petition is allowed and the order passed in the
writ petition No.25968 of 2012 dated 18.07.2014 is set aside. No costs.
Consequently, connected miscellaneous petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
29.10.2021
Index : Yes / No
Internet : Yes / No
skn
http://www.judis.nic.in
W.A.No.662 of 2015
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
W.A.No.662 of 2015
and
M.P.No.1 of 2015
29.10.2021
http://www.judis.nic.in
