R.Jeyachandran v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2018

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.Nos. 3130 of 2013 1.R.Jeyachandran 2.V.Madhanagopal 3.K.Shanthipriya 4.A.Dolares Mary Priya 5.R.Boopathi 6.S.Renuka 7.G.Gopinath, 8.S.Lavanya 9.J.Sarala 10.L.Manjula 11.P.Arivazhagan 12.G.Umapathy 13.E.Malini 14.S.Raji 15.D.Akila

...Petitioners

Vs 1.The Principal Secretary to Government, Department of Health and Family Welfare, Secretariat, Fort St George, Chennai - 600 009.

2.The Director, Directorate of Medical Education, No: 162, EVR Periyar Road, Kilpauk, Chennai - 600 010.

3.The Chairman, Medical Service Recruitment Board, 7th Floor, DMS Building, 359, Annasalai, Teynampet, Chennai - 600 006.

4.The Dean, Rajiv Gandhi Government General Hospital, EVR Periyar Road, Chennai - 600 003.

5.The Dean, Stanley Medical College and Hospital, Chennai - 600 001.

6.The Director, Institute of Child Health and Research Centre, Egmore, Chennai - 600 008.

7.The Dean, Rajaji Government Hospital, Gori Palayam, Madurai.

8.The Director, Kings Institute of Preventive Medicine & Research, Board of Paramedical Education, Guindy, Chennai - 600 032. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to appoint the petitioner's in the available vacancy as Heart Lung Hypothermia Machine Technician in Government Hospitals through Medical Services Recruitment Board in view of G.O.(MS) No. 1, Health and Family Welfare (C2) Department, dated 02.01.2012 considering petitioner's representation dated 23.09.2012.

For Petitioner : Mr.G.J.Baskarnarayanan For Respondents : M/s.S.T.Jayanthi Special Government Pleader for R1 to R8

O R D E R

The relief sought for in the present writ petition is for a direction to direct respondents to appoint the petitioner's in the available vacancy as Heart Lung Hypothermia Machine Technician in Government Hospitals through Medical Services Recruitment Board in view of G.O.(MS) No. 1, Health and Family Welfare (C2) Department, dated 02.01.2012. 2.The Learned Counsel appearing on behalf of the writ petitioners states that all the writ petitioners are fully qualified and eligible for appointment to the post of Heart Lung

Hypothermia Machine Technician. The petitioner's have Completed Cardiac Pump Technician as a Para Medical certificate course ( one year course) in the year November 2009 and undergone internship training at Government Stanley Medical College from 01.12.2009 to 02.03.2010. Soon after the completion of intern course, the writ petitioners have registered their name in the District Employment Office and awaiting for an interview letter from the competent authorities.

3. The Learned Counsel for the writ petitioner states that the respondents are not following the procedures contemplated in G.O.(MS) No.1 dated 02.01.2012 for appointment to the post of Heart Lung Hypothermia Machine Technician. The Paramedical courses are introduced for the purpose of providing employment to the persons who were undergone the course. The learned counsel is of an opinion that such paramedical courses are opted by the persons with a fond hope that they will be appointed in the medical department. Thus, the respondents must provide an opportunities to all the petitioners to get appointment in the Medical Department.

4.This Court is of an opinion that appointment can never be claimed as a legal right. All appointments are to be made under Constitutional schemes and by following the procedures contemplated in the recruitment Rules in force. Equal opportunity in a public employment is the Constitutional mandate and authorities competent while undertaking the process of selection is bound to follow the recruitment procedures strictly and scrupulously. In the present case on hand, the grievances of the writ petitioner is that the respondents are following the old Rules and not following the current Rules in force. It is needless to state that the competent authorities while undertaking the process of selection has to follow the recruitment Rules which all are in force and therefore, the appointments are to be made strictly in accordance with Rules. 5.

The Learned Government Advocate appearing on behalf of the respondent states that the writ petitioners are not eligible and the same has been enumerated in para 6 of the counter affidavit filed by the 7th respondent are reads as under:- "6. with reference to the averments made in paragraph 7. it is submitted that the first method of appointment to the post of Heart Lung Hypothermia Machine Technician is "by promotion from the holders of the post of Heart Lung Hypothermia Machine Attenders". If no qualified candidates are available as per the first method of appointment only, the second method of appointment viz." by recruitment by transfer from any other service" has been resorted to.

methods of appointment, the third of appointment viz."by direct recruitment" has been resorted to. In the said rules, the qualification " pass in Certificate Course of Pump Technician" possessed by the petitioners has not been included as qualification for appointment to the post of Heart Lung Hypothermia Machine Technician by direct recruitment. Until and unless the rules related tot he post of Heart Lung Hypothermia Machine Technician have been amended, the petitioners are not eligible for appointment to the post of Heart Lung Hypothermia Machine Technician.

6. However, this Court is of an opinion that the writ petitioner's have to participate in the process of selection for the purpose of securing public employment in accordance with the Rules in force. With these observations the writ petition stands dismissed. However, there shall be no order as to costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. The Principal Secretary to Government, Department of Health and Family Welfare, Secretariat, Fort St George, Chennai - 600 009.

2. The Director, Directorate of Medical Education, No: 162, EVR Periyar Road, Kilpauk, Chennai - 600 010.

3. The Chairman, Medical Service Recruitment Board, 7th Floor, DMS Building, 359, Annasalai, Teynampet, Chennai - 600 006.

4. The Dean, Rajiv Gandhi Government General Hospital, EVR Periyar Road, Chennai - 600 003.

5. The Dean, Stanley Medical College and Hospital, Chennai - 600 001.

6. The Director, Institute of Child Health and Research Centre, Egmore, Chennai - 600 008.

7. The Dean, Rajaji Government Hospital, Gori Palayam, Madurai.

8. The Director, Kings Institute of Preventive Medicine & Research, Board of Paramedical Education, Guindy, Chennai - 600 032.

+1cc to Mr.G.J.Baskar Narayanan, Advocate, S.R.No.75444 +1cc to the Government Pleader, S.R.No.75355 W.P.No.3130 of 2013 GP(CO) GSP(29/11/2018)