V. Uma v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.4094, 4101, 4103, 4120, 4121, 4124, 4127, 4138 & 4142 of 2024 and WMP.Nos.4409, 4429, 4416, 4413, 4432, 4435, 4437, 4443 & 4448 of 2024 WP.No.4094 of 2024 V.Uma ... Petitioner Vs.
1.The Member Secretary, Medical Services Recruitment Board, Government of Tamilnadu, 359, Anna Salai, Chennai-6 2.The Secretary, Health Department, Government of Tamilnadu, Chennai 3.The Union of India, Represented by its Secretary, Ministry of Health and Family Welfare, Government of India, New Delhi ... Respondents PRAYER:
Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of certiorari calling for records pertaining to 1/6
notification of the selected list vide CV intimation No.01/MRB/2023 dated 08.02.2024 issued by the respondent No.1 and to quash the same. For Petitioner in all WP's : Mr.P.Vetrivel For Respondents in all WP's For R1 : Mr.L.Murugavelu, Standing Counsel For R2 : Mr.M.Brindan, Additional Government Pleader COMMON ORDER All the writ petitions have been filed challenging the selection list dated 08.02.2024 for the post of Theatre Assistant. 2.
The petitioners are qualified with Certificate Course in Theatre Technician. They had also completed under graduation in various subjects. They were also employed as Theatre Assistant in private hospitals. While being so, the first respondent issued notification No.1/MRB/2023 dated 03.02.2023 inviting applications for direct recruitment on temporary basis to the post of Theatre Assistant. The 2/6
qualification prescribed under notification is as follows: S.
No.
Name of the post Qualification Theatre Assistant a.A Pass in Higher Secondary Course with the science subjects of Physics, Chemistry, Botany and Zoology or Physics, Chemistry and Biology and b. One Year certificate course in Theatre Technician conducted by the Government Medical Institutions under the control of the Director of Medical Education or in any other institutions recognized by the State or Central Government 3.
The procedure for selection as per the notification is that based on the marks scored by the candidates in their academic and technical qualifications post of Theatre Assistant duly followed the rules of reservation and communal rotation issued by the Government of Tamilnadu and satisfaction of the qualification and other conditions. It is also to be noted that there will be no oral test. The petitioners had submitted their applications and all the petitioners were qualified for certificate verification. After certificate verification, selection list was published, in which the petitioners were not selected. 3/6
4.
The learned counsel for the petitioners submitted that some of the petitioners worked during Covid 19 and even then, they were not granted any incentive marks. That apart, they were not given priority in view of the reservation for the students completed education in Tamil medium.
5.
On instructions, the learned counsel appearing for the respondents submitted that all the petitioners were not coming under the zone of consideration in their respective community category. They secured marks lower than the persons who were selected for the said post.
6.
That apart, on perusal of the notification, it does not say about the incentive marks awarded for the candidates who had worked during Covid 19 pandemic circumstances. Further, as per their marks obtained in 10th, 12th standard and their respective one year certificate course in Theatre Technician, they were not coming under the zone of consideration for selection to the post of Theatre Assistant. If at all the 4/6
petitioners are aggrieved by the notification itself, they should have challenged the notification itself. Now it also cannot be possible since after having been participated in the selection process, they cannot challenge the very notification itself on the ground that no incentive marks awarded for the work done during covid 19. Therefore, all the writ petitions are devoid of merits and liable to be dismissed. 7.
Accordingly, all the writ petitions are dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
07.03.2024 Index: Yes/No Speaking/Non-speaking order lok 5/6
G.K.ILANTHIRAIYAN, J.
lok To 1.The Member Secretary, Medical Services Recruitment Board, Government of Tamilnadu, 359, Anna Salai, Chennai-6 2.The Secretary, Health Department, Government of Tamilnadu, Chennai 3.Secretary, The Union of India, Ministry of Health and Family Welfare, Government of India, New Delhi W.P.Nos.4094, 4101, 4103, 4120, 4121, 4124, 4127, 4138 & 4142 of 2024 07.03.2024 6/6