Madras High Court
R.Karthick vs The Principal Secretary Of The Health ... on 28 February, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu, S.Srimathy
W.P.(MD) No.5598 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.02.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
AND
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.5598 of 2025
and
W.M.P.(MD)No.4095 of 2025
R.Karthick ... Petitioner
-Vs-
1.The Principal Secretary of the Health and
Family Welfare Department,
th
4 Floor of Namakkal Kavingar Maaligai,
Fort St.George, Chennai-600 009.
2.The Director of Public Health and
Preventive Medicine,
359, Anna Salai, Teynampet,
Chennai-600006.
3.The Chairman,
The Medical Services Recruitment Board (MRB),
7th Floor, DMS Building,
359, Anna Salai, Teynampet,
Chennai-600006.
4.V.G.Geni ... Respondents
Page 1 of 8
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W.P.(MD) No.5598 of 2025
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, directing the respondents to conduct enquiry with regard to
community certificate produced by the 4th respondent to the post of Assistant
Surgeon conducted by the 3rd respondent in Notification No.01/MRB/2024, dated
15.03.2024 by considering the petitioner's representation dated 14.02.2025 within
stipulated time as fixed by this Court.
For Petitioner : Mr.S.Ananth
For R1 & R2 : Mr.Ajmal Khan,
Additional Advocate General
assisted by Mr.P.Thilak Kumar,
Government Pleader
For R3 : Mr.V.Ramesh,
Standing Counsel
ORDER
[Order of the Court was made by J.NISHA BANU, J.]
By consent of both parties, this Writ Petition is taken up for final
disposal at the stage of admission itself.
2.It is the case of the petitioner that the 3rd respondent, vide Notification
No.01/MRB/2024, dated 15.03.2024, invited applications for Direct Recruitment
to the post of Assistant Surgeon (General) on temporary basis in Tamil Nadu
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Medical Service for filling up 2553 vacancies and published a list of provisionally
selected candidates on 20.02.2025, wherein the name of the 4th respondent is
found at Sl.No.1716. Further, she was called for certificate verification on
13.02.2025 at 3.30 p.m., and the certificate verification was also completed. It is
the grievance of the petitioner that though the 4th respondent belongs to
Christianity, she made application under Hindu religion as MBC / DNC
community for the purpose of getting employment by producing false and
fabricated community certificate. Pointing out the same, the petitioner has made a
representation dated 14.02.2025 to the respondents 1 to 3. However, the same has
not been considered so far. Hence, he has filed this Writ Petition, seeking for a
direction to the respondents 1 to 3 to conduct enquiry with regard to the
community certificate produced by the 4th respondent.
3.Relying upon the judgment rendered in the case of Bholanath
Mukherjee and others Vs. Ramakrishna Mission Vivekananda Centenary
College and others reported in (2011) 5 SCC 464, Mr.Ajmal Khan, learned
Additional Advocate General appearing for the respondents 1 and 2 would submit
that since the matter pertains to service of an employee, this Writ Petition as
Public Interest Litigation is not maintainable.
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4.Heard the learned counsel on either side and perused the materials
available on record.
5.On perusal of the affidavit filed in support of this petition, it is seen
that the issue involved in this petition is service of an employee. Therefore, this
Writ Petition cannot be treated as a Writ in the nature of Public Interest Litigation.
In the said decision reported in (2011) 5 SCC 464 relied upon by the learned
Additional Advocate General, it is stated as follows:-
“45.We are unable to accept the aforesaid submission made
by the learned counsel. As noticed in the earlier part of the judgment,
the entire pleadings in the writ petition are founded on the personal
grievance of the appellant – writ petitioners. The writ petitioners
have not come before this Court as educationists. Merely because
they are senior most teachers in the same institution, would not
necessarily give rise to the presumption that they had filed the writ
petition in public interest. In our opinion, a pure and simple service
dispute is sought to be camouflaged as a Public Interest Litigation.”
6.However, the issue raised by the writ petitioner was already
considered in several judgments. in the latest judgment of Hon'ble Supreme Court
in C.Selvarani Vs. The Special Secretary-cum- District Collector and others
reported in 2025 (1) CTC 340 / (2024) 6 MLJ 577 it has been held as under:
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"15.At this juncture, we may observe that India is a secular
country. Every citizen has a right to practise and profess a religion of
their choice as guaranteed under Article 25 of the Constitution. One
converts to a different religion, when he/she is genuinely inspired by
its principles, tenets and spiritual thoughts. However, if the purpose
of conversion is largely to derive the benefits of reservation but not
with any actual belief on the other religion, the same cannot be
permitted, as the extension of benefits of reservation to people with
such ulterior motive will only defeat the social ethos of the policy of
reservation. In the instant case, the evidence presented clearly
demonstrates that the appellant professes Christianity and actively
practices the faith by attending church regularly. Despite the same,
she claims to be a Hindu and seeks for Scheduled Caste community
certificate for the purpose of employment. Such a dual claim made by
her is untenable and she cannot continue to identify herself as a
Hindu after baptism. Therefore, the conferment of Scheduled caste
communal status to the appellant, who is a Christian by religion, but
claims to be still embracing Hinduism only for the purpose of
availing reservation in employment, would go against the very object
of reservation and would amount to fraud on the Constitution."
7.The petitioner had enclosed the baptized certificate, hence the
genuineness of the certificate ought to be scrutinized. But the respondents herein
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are not the appropriate authority. Therefore, the petitioner is directed to submit a
representation to the District Collector, Dindigul and the District Collector,
Dindigul shall conduct enquiry after giving opportunity to the petitioner and the
4th respondent and also to the interested persons and thereafter, consider and pass
orders. The said exercise shall be completed within a period of four months from
the date of receipt of the copy of the order.
8.This Writ Petition is disposed of with the above directions. No costs.
Consequently, connected miscellaneous petition is closed.
[J.N.B., J.] & [S.S.Y., J.]
28.02.2025
NCC : Yes / No
Index : Yes / No
Yuva
To
1.The Principal Secretary of the Health and
Family Welfare Department,
th
4 Floor of Namakkal Kavingar Maaligai,
Fort St.George, Chennai-600 009.
2.The Director of Public Health and
Preventive Medicine,
359, Anna Salai, Teynampet,
Chennai-600006.
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Copy to:
The District Collector,
Dindigul.
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J.NISHA BANU, J.
AND
S.SRIMATHY, J.
Yuva
28.02.2025
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