S.Seetha, v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.4071 of 2017 S.Seetha ..Petitioner Vs
1. The Principal Secretrary to Government, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.
2. The Secretary, Selection Committee, Director of Medical Service Recruitment Board, No.102, Periyar, E.V.R. Road, Kilpauk, Chennai - 600 010.
3. The Assistant Director, Office of the District Employment Exchange, Villupuram District.
.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 05.01.2017 and reminder representation issued dated 13.02.2017 in the light of G.O.Ms.No.44 Labour and Employment (T2) dated 11.03.2015 and provide opportunity to the petitioner for interview.
For Petitioner :
Mr.A.Rajakumar For Respondents: Mr.R.A.S.Senthilvel, Additional Government Pleader
O R D E R
By consent, the writ petition is taken up for final disposal. Mr.R.A.S.Senthilvel, learned Additional Government Pleader accepts notice on behalf of the respondents.
2. The petitioner claims that she belongs to Scheduled Caste Arunthathiyar Community and after completing the Higher Secondary Course, she has undergone one year Clinical Nursing Assistant Course conducted by the Tamilnadu Adi-Dravida Housing and Development Corporation Limited (TAHDCO) in the year 20022003 and also registered her name in the Employment office in Registration No.VPD 2006F 00000606 and according to her, so far she is yet to receive the interview card. It is also the claim of the petitioner that the Clinical Nursing Course undertaken by her is also recognised by the Tamil Nadu Medical Council and she worked as Female Nursing Assistant in Chinna Salem, Government Primary Health Centre, Villupuram District, from 29.11.2004 to 17.11.2011 on consolidated pay of Rs.9990/- and later on, she was serving in Thottiyam Primary Health Centre on consolidated scale of pay.
3. The grievance now expressed by the petitioner is that as per the notification dated 04.01.2017, released by the 2nd respondent to the post of Primary Assistant (Nursing), it is sought to be filled only based on educational qualification alone and not on the experience gained and the petitioner, in this regard has also submitted a representation dated 05.01.2017 as well as a reminder representation dated 13.02.2017 to call her to attend the selection process and since it is yet to be favoured with any kind of response, she came forward to file this writ petition.
4. Learned counsel for the petitioner would submit that since the petitioner belongs to Hindu Scheduled Caste Arunthatthiyar Community and that she also possesses necessary working experience as a Female Nursing Assistant, the 2nd respondent has to sympathetically consider her request and call her to attend the selection process.
5. Per contra, Mr.R.A.S.Senthilvel, learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 would contend that unless and until the petitioner comes within the eligible criteria, she cannot approach this Court, as a matter of right to enable her to participate in the selection process and prays for dismissal of the writ petition.
6. This Court has considered the rival submissions and also perused the materials placed on record.
7. Though the petitioner prays for a larger relief, this Court, in the light of the above facts and circumstances and
without going into the merits of the claim projected by the petitioner, either in the representation or in the writ petition, directs the 2nd respondent to consider and dispose of the petitioner's representation dated 05.01.2017 and the reminder dated 13.02.2017 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi To
1. The Principal Secretrary to Government, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.
2. The Secretary, Selection Committee, Director of Medical Service Recruitment Board, No.102, Periyar, E.V.R. Road, Kilpauk, Chennai - 600 010.
3. The Assistant Director, Office of the District Employment Exchange, Villupuram District.
+1cc to the Government Pleader, S.R.No.11162 KS(CO) RS(08/03/2017) W.P.No.4071 of 2017