T.Hemalatha, B.Pharm., v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.Nos.9756 of 2010 & 6405 of 2014 Petitioner T.Hemalatha ..
in both W.Ps Vs.
1. The Principal Secretary to Government
2. The Director of Public Health & Preventive Medicines
3. The Director of Medical and Rural Health Services
4. The Director of Medical Education Respondents in ..
W.P.No.9756 of
1. The Chairman Medical Services, Recruitment Board
DMS Campus, Chennai - 6.
2. The Principal Secretary to Government
3. The Director of Public Health & Preventive Medicines
4. The Director of Medical and Rural Health Services
5. The Director of Medical Education
6. The District Employment Officer Respondents in Nagapattinam.
..
W.P.No.6405 of 2014 Prayer in W.P.No.9756 of 2010: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration, declaring that the Special Rules for the post of Pharmacist in the Tamil Nadu Medical Subordinate Service prescribing diploma in Pharmacy alone as qualification as illegal, ultra vires and violative of Article 19 of Indian Constitution and consequently direct the respondents to consider the candidates including the petitioner possessing the degree of Bachelors of Pharmacy for appointment to the post of Pharmacist in Tamil Nadu Medical Subordinate Service; Prayer in W.P.No.6405 of 2014: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus, directing the respondents to consider the petitioner for the appointment for the post of Pharmacist within the time limit that may be fixed by this Hon'ble Court.
For the Petitioner in both W.Ps : No Appearance For the Respondents in W.P.No.9756 of 2010 : Mr.K.Karthick Jeganath Government Advocate for R1 to R4 For the Respondents in W.P.No.6405 of 2014 : Mr.M.Loganathan for R1 Mr.K.Karthick Jeganath Government Advocate for R2 to R6 COMMON ORDER (Order of the court was made by the Hon'ble Chief Justice) None appears for the petitioner.
2. Learned Government Advocate submits that there is a further amendment with effect from 01.03.2019 to the Special Rules for Tamil Nadu Medical Subordinate Service (Section 21 in Volume III of the Tamil Nadu Services Manual, 1970). Now, persons possessing Bachelors of Pharmacy qualification are also eligible for appointment to the post of Pharmacist.
3. In the light of that, the grievance of the petitioner does not subsist. The writ petition as such is disposed of. There will be no order as to costs. Consequently, M.P.Nos.1 & 2 of 2014 are closed. (S.V.G., CJ.) (P.D.A., J.) 14.06.2023 Index :
Yes/No :
Yes/No kpl/drm
To
1. The Chairman Medical Services, Recruitment Board DMS Campus, Chennai - 6.
2. The Principal Secretary to Government
3. The Director of Public Health & Preventive Medicines
4. The Director of Medical and Rural Health Services
5. The Director of Medical Education
6. The District Employment Officer Nagapattinam.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl/drm) 14.06.2023