Madras High Court
A.Ramapiran vs The State Represented By on 10 November, 2022
W.P(MD)No.13268 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.11.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.13268 of 2022
and
W.M.P(MD)Nos.9417 & 9418 of 2022
A.Ramapiran ... Petitioner
Vs
1.The State represented by
The Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat,
Chennai – 600 009.
2.The Director of Public Health & Preventive Medicine,
Office of the Public Health and Preventive Medicine,
DMS Compound,
Teynampet,
Chennai – 6.
3.The Deputy Director of Health Services,
Office of the Deputy Director of Health Services,
Tirunelveli,
Tirunelveli District.
4.The Block Medical Officer,
Government Primary Health Centre,
Mukudal,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
1/6
W.P(MD)No.13268 of 2022
5.S.Velmurugan ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records
relating to the impugned panel for the post of Junior Water Analyst for the year
2021-2022 published by the second respondent in his proceedings in R.No.
081297/E2/S2/2021 dated 04.06.2022 and the consequential rejection order
passed by the second respondent in his proceedings in Na.Ka.No.
081297/Pa.Tho.2/Iru.2/2021 dated 04.06.2022 served to the petitioner on
20.06.2022 and the consequential appointment of the fifth respondent made
thereon by the second respondent in his proceedings in R.No.
081297/E2/S2/2021-8 dated 09.06.2022 and quash the same as illegal and
consequentially to direct the second respondent to include the name of the
petitioner in the panel of Junior Water Analyst for the year 2021-2022 and
appoint him as Junior Water Analyst taking into account of his seniority on par
with the date on which his juniors were appointed on recruitment by transfer.
For Petitioner : Mr.M.Ajmal Khan
Senior Counsel
for M/s. Ajmal Associates
For Respondents : Mr.R.Suresh Kumar
Additional Government Pleader
for R.1 to R.4
Mr.R.Karthick Rajan for R.5
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W.P(MD)No.13268 of 2022
ORDER
Heard the learned Senior Counsel appearing for the writ petitioner, the
learned Additional Government Pleader appearing for the official respondents
and the learned counsel appearing for the fifth respondent.
2. The writ petitioner is working as Assistant at Government Primary
Health Center, Mukudal, Tirunelveli District. The post of Assistant is a feeder
category for the promotional post of Junior Water Analyst in Tamil Nadu Public
Health Subordinate Services. The qualification prescribed for the said post,
is as follows :
“(i) Promotion or recruitment by transfer - B.Sc.,
B.Sc., (Hons), M.A or M.Sc., degree with Botany, Zoology or
Chemistry as the main subject; and
(ii ) Direct recruitment - M.Sc., degree with Botany,
Zoology or Chemistry subject as the main subject.”
3. The writ petitioner is possessing the prescribed qualification (B.Sc
Chemistry). The certificate was issued on 22.07.2021. However, the
examination results had been published on 05.03.2021 itself. These facts are
not in dispute. The crucial date for preparing the promotional panel was
15.03.2021. On the said date, the writ petitioner was admittedly qualified, but
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W.P(MD)No.13268 of 2022
because he was not possessing the requisite certificate he was not included in
the promotional panel. The promotion panel was prepared only on 04.06.2022.
Willingness from the candidates in the feeder category was called on
08.09.2021. Proposal was submitted on 30.09.2021. Yet the petitioner was not
included in the panel only for the reason that he was not having the requisite
certificate on the crucial date. The question raised in this case was considered
by the Hon’ble Division Bench in W.A(MD)No.1058 of 2020 dated 23.12.2020
(The Chairman, Teachers Recruitment Board Vs B.Jaiwanth & Ohters).
Paragraph 7 of the judgment of the Hon’ble Division Bench reads as follows:
“7. As per the notification, what is required is passing of
the required qualification. The cut-off date for the required
qualification was fixed as 15.07.2019 and the petitioner passed
the Degree Course well within the cut-off date, ie., on
14.07.2019, in view of the declaration of results by the
University. Though the provisional certificate was issued
belatedly, the first respondent also produced the same at the
time of Certificate Verification and therefore, it cannot be
construed that the first respondent was not having the required
prescribed qualification, as on the last date of submission of
filled-in online application.”
The case on hand is similar. Merely because the provisional certificate was
issued subsequent to the crucial date, the petitioner cannot be disqualified on
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W.P(MD)No.13268 of 2022
that ground.
4. The order impugned in the writ petition is interfered with to the extent
it excludes the writ petitioner. The writ petitioner shall be granted promotion
as Junior Water Analyst from date of on which his immediate Junior was
promoted.
5. This writ petition is allowed. Consequently, connected miscellaneous
petitions are closed. No costs.
10.11.2022
Index : Yes / No
Internet : Yes/ No
mga
To
1.The Principal Secretary to Government,
Health and Family Welfare Department,
Secretariat,
Chennai – 600 009.
2.The Director of Public Health & Preventive Medicine,
Office of the Public Health and Preventive Medicine,
DMS Compound,
Teynampet,
Chennai – 6.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.13268 of 2022
G.R.SWAMINATHAN, J.
mga
3.The Deputy Director of Health Services,
Office of the Deputy Director of Health Services,
Tirunelveli,
Tirunelveli District.
4.The Block Medical Officer,
Government Primary Health Centre,
Mukudal,
Tirunelveli District.
W.P(MD)No.13268 of 2022
10.11.2022
https://www.mhc.tn.gov.in/judis
