Madras High CourtWA/1144/2018disposed of

G.Venkatesan,2/4,Ayyalu v. Two Years Diploma Medical

2018-06-20Honourable Mr Justice M.Dhandapani,Honourable Mr Justice Huluvadi G. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.6.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.No.1144 of 2018 and C.M.P.Nos.9164 and 9165 of 2018 1 G.Venkatesan 2 A.Malar Vizhi Appellants

Versus

1 Two years Diploma Medical Laboratory Technician Association Rep. by its Secretary Mr.N.Nivas Chakravarthy No.23/-27A Jhansi Rani Street NH-3 Maraimalai Nagar Kancheepuram District-603 209.

2 The State of Tamil Nadu Rep. by its Secretary to Government Health and Family Welfare Department Fort St. George Chennai-600 009.

3 The Director of Medical Education 162 EVR Periyar Salai Kilpauk Chennai-600 010.

4 The Director of Medical and Rural Health Services Medical and Rural Health Services 361 DMS Complex Anna Salai Chennai-600 006.

5 The Director of Public Health and Preventive Medicine 359 Anna Salai Teynampet Chennai-600 006.

6 The Medical Service Recruitment Board Rep. by its Chairman 7th Floor DMS Building 359 Anna Salai Teynampet Chennai-600 006.

7 S.Shanthivinothini 8 M.Valarmathi 9 S.Karthikeyavenkatesan 10 P.Navaladi 11 D.Swaminathan 12 S.Dhanasekaran 13 D.Vetrivel Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 26.4.2018 passed in WMP.10262/18 IN W.P.No.34118 of 2017 on the file of this court. PRAYER IN W.P.No.34118 of 2017:

Writ Petition filed Under Article 226 of the Constitution of India praying this court for the issuance of writ of mandamus directing the 5th respondent herein to select only candidates with Diploma in Medical Laboratory Technology (two year course) for the posts of Laboratory Technician Grade II in Government Hospitals and Medical Colleges in the State of Tamil Nadu in terms of G.O.Ms. No.39 dated 5.2.2007 and Tamil Nadu Medical Subordinate Service Rules, by Direct Recruitment pursuant to the Notification No.8/MRB/2016 dated 31.1.2016 issued by the 5th respondent before considering candidates with Certificate in Medical Laboratory Technology (CMLT) for the post of Lab Technician Grade II by recruitment by transfer and consequently forbear the 3rd respondent from appointing candidates working as Lab Technician Grade III with certificate in Medical Laboratory Technology (one year course) by recruitment by transfer the post of Laboratory Technology (Grade-II as long as canditates with diploma in Medical Laboratory technology (two year course are available.

PRAYER IN WMP.10262/2018:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to vacate the interim injunction granted in the above WMP.3734/2018 in WP.34118/2017 order dated 13.02.2018

For appellants : Mr.K.Srinivasamurthy For R1 : Ms.C.Uma For RR 2 to 5 : Mr.C.Munusamy, Special Government Pleader For R6 : Mr.A.Vivek

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties.

2. The appellants are aggrieved against the interim order passed by the learned Single Judge in vacating the interim injunction already granted in favour of the appellants and consequently permitting the official respondents to fill up the 524 posts of Lab Technician Grade II through direct recruitment.

3. Prior to such order passed by the learned Single Judge, the appellants had the benefit of interim injunction restraining the official respondents from filling up the said posts as against the interest of the appellants, who was in anticipation of getting such posts by way of recruitment by transfer. Considering the facts and circumstances of the case, this court, by order dated 10.5.2018, had already granted interim stay till 18.6.2018.

4. Now, after having heard the learned counsel for the parties for some time and having perused the materials available on record, we are of the view that in the interest of justice, the main matter needs to be disposed of. In such view of the matter, we request the learned Single Judge to take up the main matters and dispose of the same at the earliest on its merits and in accordance with law after affording opportunity to all the parties concerned. Counter in the main cases shall be filed at the earliest. Further, we are of the view that the order of interim stay granted by this court does not require any interference at this stage. The writ appeal is disposed of accordingly. No costs. The connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-iv) //True Copy// Sub Assistant Registrar ssk.

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