J.Sajid Ahmed v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.119 of 2020 and WMP No.145 of 2020 1.J.Sajid Ahmed 2.V.Ramya 3.S.Arun 4.V.Aravindan 5.D.Rajmohan 6.R.Ragavendhiran 7.B.Gunasheelan 8.K.Prakash 9.J.Karthi 10.D.Viji 11.K.T.Dhanapal ... Petitioners .v.

1.The State of Tamil Nadu, Rep.by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai 600 009.

2.The Director of Medical Education, Kilpauk, Chennai 600 010.

3.The Director of Medical & Rural Health Services, DMS Building, Teynampet, Chennai 600 006.

4.The Director of Public Health Services, DMS Building, Teynampet, Chennai 600 006.

5.The Medical Services Recruitment Board, Rep.by its Member Secretary, 7th Floor, DMS Building, Teynampet, Chennai 600 006.

... Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's case for appointment to the post of Radiographer in the present available vacancies based on the acquisition of the qualification as prescribed in G.O.(MS) No.263, Health and Family Welfare (C2) Department dated 15.11.2016, within the time limit that may be stipulated by this Court.

For Petitioners : Mr.R.Jayaprakash For R 1 to R 4 : Mr.P.S.Sivashanmugasundaram Special Government Pleader For R 5 : Mr.M.Loganathan Standing Counsel

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to consider the case of the petitioners for appointment to the post of Radiographer in the available vacancies.

2.The petitioners had participated in the selection process conducted by the 5th respondent for the post of Radiographer in the year 2017. The petitioner claim that they were also called for certificate verification in the year 2018 and thereafter, the petitioners are not aware as to what was the final result of the selection process.

Therefore, the petitioners have approached this Court seeking for a direction to the respondents to consider the appointment of the petitioners in the post of Radiographer in the available vacancies.

3.The learned counsel for the petitioners submitted that the entire confusion arose since the 5th respondent did not publish the final list of candidates, who were selected for the post of Radiographer. Therefore, if a direction is given to the 5th respondent to publish the final selection list, all the

other candidates will no where they exactly stand and they can work out their remedy in accordance with law. 4.On oral instructions, the learned Standing Counsel appearing on behalf of the 5th respondent submitted that the final selection list has already been published and the same has also been forwarded to the Government and the appointment orders will be issued any time. The learned Standing Counsel submitted that if the list has already not been published, the 5th respondent will publish the final list as per the directions of this Court.

5.On considering the limited relief that has been sought for in this Writ Petition and the stand that has been taken by the 5th respondent, there shall be a direction to the 5th respondent to publish the final list of candidates who have been selected to the post of Radiographer. This process shall be completed by the 5th respondent within a period of 4 weeks from the date of receipt of copy of this order. Except, giving this direction no further orders can be passed in this Writ Petition. This Writ Petition is disposed of accordingly. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar KP To 1.The Principal Secretary, State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Chennai 600 009.

2.The Director of Medical Education, Kilpauk, Chennai 600 010.

3.The Director of Medical & Rural Health Services, DMS Building, Teynampet, Chennai 600 006.

4.The Director of Public Health Services, DMS Building, Teynampet, Chennai 600 006.

5.The Medical Services Recruitment Board, Rep.by its Member Secretary, 7th Floor, DMS Building, Teynampet, Chennai 600 006.

+1cc to M/s.R.Jayaprakash, Advocate Sr.6504 +1cc to the Government Pleader Sr.7193 W.P.No.119 of 2020 cp[co] srg 25/02/2020