Madras High CourtWA/1490/2017disposed of

M.P. Gopinath v. The Commissioner

2017-12-14Honourable Mr Justice Rmt. Teekaa Raman,Honourable Mr Justice Huluvadi G. Ramesh7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE RMT. TEEKAA RAMAN W.A.No.1490 of 2017 and CMP.Nos.19676 and 19677 of 2017 1.M.P.Gopinath 2.P.Nagarajan 3.T.Sundaramoorthy 4.P.Selvamurugan 5.L.Joseph Christoper 6.B.Venkatsurya 7.Ramachandran 8.A.Venkatesan 9.T.Balasubramaniyan 10.M.Kandasamy 11.E.Naveen Kumar 12.R.Bagavathi 13.V.Balamurugan 14.S.Regi Jenitha 15.S.Bharathi 16.M.Poongothai 17.P.Thirumayee 18.J.Shanmugasundhari 19.K.Ramya 20.M.Dharani 21.G.Uma Maheswari 22.P.P.Alagu Jothi 23.S.Nagajothi 24.M.Mohana Priya 25.P.Siva Shanmugapriya 26.N.Murugeswari 27.T.Uma Maheswari 28.V.Geetha 29.N.Sangeetha 30.B.N.Meena 31.M.Ramkumar 32.M.Balavelautham 33.A.Vinoth Antony 34.R.Nagaraj 35.P.Prasanth 36.A.Jeyakumar

37.G.Pandian 38.B.Pavithran 39.G.Muthuraja 40.M.Prasanth Kumar 41.K.Sadam Hussain 42.S.Antony Philip 43.R.Eswaran 44.T.Manikandan 45.A.Parthiban 46.R.Rajavel 47.K.Tamil Selvan 48.G.Veerapathiran 49.A.Appuraja 50.P.Nagarajan 51.R.Ranjith 52.M.Ramanathan 53.B.Sanjeevi 54.R.Chitra Mayil 55.R.Rajkumar ... Appellants vs.

1. The Commissioner, Chennai Municipal Corporation Rippon Buildings, Chennai - 600 003.

2. The Commissioner/Director of Municipal Administration Chepauk, Chennai - 600 005.

3. The Principal Secretary Municipal Administration and Water Supply Department Fort St. George, Chennai - 600 009.

4. The Principal Secretary, Health and Family Welfare Department Fort St. George, Chennai-600 009.

5. The Director, Directorate of Public Health & Preventive Medicine, DMS Complex, Teynampet, Chennai - 600 006.

6. The Director of Town Panchayats, Kuralagam, Chennai - 600 108.

7. Madurai Kamaraj University represented by the Registrar, Palkalai Nagar, Madurai - 625 021.

8. WASH Institute, represented by the Treasurer, Katiranampatti Pirivu, Reddiar Chatram, Dindigul.

9. J.Sharmila 10.M.Manigandan 11.P.Vadivel 12.R.Rajapandiyan 13.S.Vinoth 14.K.Parthasarathi 15.B.Thanuskodi 16.B.Ramani 17.R.Prasath 18.A.Jeeganathan 19.M.Poomalai 20.T.Rajesh Kannan 21.A.Nithya 22.M.Prem Kumar 23.R.Mani 24.G.Rajalingam 25.J.Divya 26.S.Princymeesia 27.M.Vimala 28.S.Kalaiselvan 29.M.Thiruppathi 30.S.Indiyas 31.A.Yuvaraj 32.C.Deepika 33.V.Viswanathan 34.R.Palkunavijayasundhari 35.R.Selvakumar 36.G.Gomathi 37.B.Azhagudhivya 38.K.Gayathri 39.Y.Manjith 40.M.Janani 41.R.Aruchamy 42.D.Pragadeshwaran 43.D.Tamilmozhi 44.P.Thilagaraj 45.R.Arunkumar 46.C.Suresh 47.B.Easwaran 48.R.Karthick 49.S.Jayaseelan ... Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 19.07.2017 passed by a learned Single Judge of this Court in W.P.No.2115 of 2016.

Prayer in W.P.No.2115 of 2016:- Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of declaration declaring that the PG Diploma in Environmental Science offered by Madurai Kamaraj University through the WASH Institute is equivalent to PG Diploma in Sanitary Inspectors course conducted by Government and institutions recognised by Government as prescribed in the Chennai Corporation Health Malaria and Family Welfare Department Subordinate Services Bye-laws 2009 and consequently direct the respondents 1 to 6 to consider and appoint the petitioners herein to the post of Sanitary Inspectors with the Corporation of Chennai pursuant to Notification No.001 dated 13.12.2015 of the corporation of Chennai For Appellants : Mr.K.Srinivasa Murthy For R1 : Mr.G.Anantha Rangan For R2 to R6 : Mr.R.Prathap Kumar, AGP

JUDGMENT

(Judgment of the Court was made by HULUVADI G. RAMESH,J.) Heard the learned counsel appearing for the parties and perused the materials placed before this Court. 2.Feeling aggrieved over the order dated 19.07.2017 passed by a learned Single Judge in W.P.No.2115 of 2016, the respondents 61 to 63 and 9 to 60 in the said writ petition, have come up with the present intra-court appeal.

3.The brief facts of the case are that the first respondent Chennai Corporation, by a notification dated 13.12.2015, invited applications from the persons possessing the required qualification, viz., B.Sc degree in Chemistry + P.G. Diploma in Sanitary Inspector from any one of the Institutes recognised by the Government, for appointment to the post of Sanitary Inspectors. Since the respondents 9 to 49 herein did P.G. diploma only in Environmental Science offered by WASH Institute, they have preferred the aforesaid writ petition seeking a direction to declare the PG Diploma in Environmental Science offered by Madurai Kamaraj University through the WASH Institute as equivalent to PG Diploma in Sanitary Inspectors Course conducted by Government and institutions recognised by Government as prescribed in the Chennai Corporation Health, Malaria and Family Welfare Department Subordinate Services Byelaws, 2009 and consequently direct the official respondents to consider and appoint them to the post of Sanitary Inspectors

with the Corporation of Chennai, pursuant to Notification No.001 dated 13.12.2015 issued by the Corporation of Chennai. 4.By the order impugned herein, the learned Single Judge disposed of the aforesaid writ petition, the relevant paragraphs of which reads thus:

"4. Since the Government has taken note of the grievances and taken appropriate steps to consider the issues on merits and in accordance with law, it is fair to allow the authorities to take a decision in this regard by issuing comprehensive orders in respect of the grievances set out in this writ petition.

5. At this point of time, the learned counsel appearing for the respondent contended that the impleaded respondents are fully qualified for their appointment to the post of Sanitary Inspectors and the petitioners' eligibility for appointment is in question. Further they brought to the notice of this Court that the candidates have participated in the written examination and waiting for their results.

6. In view of the interim order granted in this writ petition, results are unable to be published. May that it be, this Court is not inclined to consider the issues involved in this writ petition, in view of the fact that the Government has already undertaken the work of deciding the eligibility, equivalence and other criteria.

7.In this view of the matter, this Court is of the opinion that the Competent Authorities shall take appropriate steps to consider all the issues in the light of G.O.Ms.No.107, Health and Family Welfare (N1) Department, dated 13.4.2017 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after providing opportunity to all concerned and the writ petitioners are at liberty to submit their representations in this regard to the Competent Authorities, explaining their grievances for redressal."

5.According to the appellants, the respondents 9 to 49 herein did not possess a Diploma in Sanitary Inspectors from any one of the recognised institutes, so as to consider them for appointment to the post of Sanitary Inspectors, whereas, the appellants are fully qualified for appointment to the post of Sanitary Inspectors in terms of the notification dated

13.12.2015. However, in view of the impugned order passed by the learned Single Judge, the first respondent is not in a position to proceed with the selection process by declaring the results and filling up the posts.

6.We do not find any infirmity or illegality in the order so passed by the learned Single Judge, as the Government has already taken steps to consider the issue of equivalence in respect of the courses offered by the Private Institutions/Universities/Deemed Universities grievance vide G.O.Ms.No.107 Health and Family Welfare (N1) Department, dated 13.04.2017. Accordingly, the order impugned herein is hereby confirmed.

7.At this juncture, the learned counsel for the appellants submitted that pursuant to the order of the learned Single Judge, the appellants are unable to get appointments, though they possess the required qualification, as per the rules prevailing as on the date of notification. Even if a decision is taken by the competent authority in the light of G.O.Ms.No.107 dated 13.04.2017, the same will apply only for the future and not to the posts, which were already notified. 8.This Court finds some bona fide in the submission so made by the learned counsel for the appellants. Therefore, we direct the official respondents to consider the claim of the appellants, while examining the issue involved in the writ petition in the light of the order of the learned Single Judge, and pass appropriate orders on merits and in accordance with law.

9.The writ appeal is disposed of, in the above terms. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rk To