P. Vadivel v. The Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2025
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and M.P.Nos.7137 &7139 of 2024 1.P. Vadivel 2.S.Vinoth 3.David Xavier 4.K.Parthasarathi 5.M.Manigandan 6.A.Jeganathan 7.R.Rajapandian 8.J.Sharmila 9.M.Thiruppathi 10.M.Vimala 11.R.Paulgunavijayasundari ... Petitioner 12.V.Viswanathan 13.Suresh.C 14.R.Karhick 15.P.Thilagaraj 16.B.Eswaran 17.R.Mani 18.R.Aruchamy 19.D.Pragatheswaran 20.K.Prakash 21.M.Parasuraman 22.P.Chandrasekaran 23.R.Rajkumar 24.C.Suresh 25.S.Monica Salomi 26.M.Thenmozhi 27.M.Lovin Angel
28.Thangeswaran.P 29.M.A.Askar Ali 30.R.Pandiselvi
31. M.Priyanka
32. K.Priyadharshini 33.P.Shenbagaraman 34.T.Dhivya 35.K.Arun Magesh 36.M.Prakasha Ruban 37.S.Sanjay 38.V.Dhamotharan 39.E.Kannan Maharaja 40.P.Aravindhan 41.V.Yuvraj 42.M.Vennila 43.U.Jagadeesh 44.P.Sivaraji 45.T.Thangamari 46.Jasmine Jenet Darathy.A 47.S.Subhashini Devi 48.N.Meenachi Sundar 49.M.Monisha 50.B.Ramya Nathiya 51.A.Niranjana 52.K.Prasath 53.K.Mouli 54.N.Priyadharsan 55.L.Dinesh Kumar 56.K.Keethika 57.Muthukumar.T 58.Sasikala 59.S.Manikandan 60.Periyarselvan 61.P.Alaguraja 62.A.Beubamargreat 63.Arunkumar
...Petitioners
Vs.
1.The Additional Chief Secretary to Government, Health And Family Welfare Department, Secretariat, Fort St. George, Chennai -600009
2. The Principal Secretary Municipal Administration And Water Supply Department, Secretariat, Fort St. George, Chennai -600009 3.The Director of Municipal Administration 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai -600028
4. The Commissioner Greater Corporation Of Chennai, Ripon Building, Chennai -600003.
5. The Director Directorate of Public Health And Preventive Medicine, DMS Complex, Teynampet, Chennai - 600 006.
6. The Director Directorate of Town Panchayat, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai -600028 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st and 2nd respondents to relax the educational qualification for the post of Sanitary Inspector prescribed in Rule 211 of the Tamil Nadu Urban Local Bodies Rules, 2023 in Table IV - Municipal Corporation Medical Sanitation and Public Health Wing - Division
II (Sanitation ) S.No.2 Sanitary Inspector and treat as eligible the qualification of B.Sc. Chemistry without insisting in Zoology as an allied subject, accept and consider the applications of the petitioners for appointment to the post of Sanitary Inspector notified vide notification No.01/DMA/Recruitment/2024, dated 02.02.2024 issued by the 3rd respondent. For Petitioner : Mr.D.Nagasaila For Respondents : Mr.S.Arun Babu for R4 Mr.M.S.Prem Kumar Government Advocate R2, R3, R5 & R5
O R D E R
This writ petition has been filed seeking to issue a writ of mandamus directing the 1st and 2nd respondents to relax the educational qualification for the post of Sanitary Inspector prescribed in Rule 211 of the Tamil Nadu Urban Local Bodies Rules, 2023 (hereinafter referred to as Rules,2023) in Table IV - Municipal Corporation Medical Sanitation and Public Health Wing - Division II (Sanitation) S.No.2 Sanitary Inspector and treat the petitioner as eligible for the qualification of B.Sc. Chemistry, without insisting in Zoology as an allied subject, accept and consider the applications of the petitioners for appointment to the post of Sanitary Inspector notified, vide Notification
No.01/DMA/Recruitment/2024, dated 02.02.2024 issued by the 3rd respondent. Pursuant to the interim order passed by this Court, on all the petitioners have participated in the recruitment process and appeared for the relevant examinations.
2.When the matter is taken up for consideration today, it is brought to the notice of this Court that in a batch of Writ Petitions challenging the vires of Rule 211 of Rule 2023, the learned Advocate General made a statement that all those persons who have taken the examinations pursuant to the notice dated 02.02.2024, will be considered for appointment as per the old Rules and the learned Division Bench in the said batch of cases vide W.P.No.6978 of 2024, batch having taken note of the statement made by the learned Advocate General by order dated 18.12.2024 concluded that the challenge made to the vires of the Rule 211 does not survive. Accordingly, all the writ petitions were closed with a direction to the State Government to consider all persons who have taken the examinations pursuant to the Notification dated 02.02.2024 for the post of Sanitary Inspector. The operative portion of the said order reads as under:
''3. The learned Advocate General appearing for the
respondents would also make a statement that all those persons who have taken the examination pursuant to the notice dated 02.02.2024 will be considered for appointment as per the old Rules. Therefore, the challenge does not survive in effect.
4.In view of the same, these writ petitions are closed with a direction to the State Government to consider all persons who have taken the examination pursuant to the notification dated 02.02.2024 for the post of Sanitary Inspectors. Consequently, the connected miscellaneous petitions are also closed. No costs.''
3.In the light of the above and considering the fact that all the petitioners herein also are the candidates who appeared in response to the notification dated 02.02.2024, the relief sought for in this writ petition, seeking relaxation of the said Rule 211 of the Tamil Nadu Urban Local Bodies Rules, 2023 also practically has become infructuous. 4.In view of the same, the writ petition is disposed off with a direction to the respondents to consider the case of the petitioners pursuant to the examination undertaken by them in terms of interim order passed by this
Court, by applying the order passed by the Division Bench referred to above in W.P.No.6978 of 2024 and batch dated 18.12.2024. No costs. Consequently, connected miscellaneous petitions are closed. 07.01.2025 vsn Index : Yes / No Speaking order / Non-speaking order
To 1.The Additional Chief Secretary to Government, Health And Family Welfare Department, Secretariat, Fort St. George, Chennai -600009
2. The Principal Secretary Municipal Administration And Water Supply Department, Secretariat, Fort St. George, Chennai -600009 3.The Director Of Municipal Administration 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai -600028
4. The Commissioner Greater Corporation Of Chennai, Ripon Building, Chennai -600003.
5. The Director Directorate of Public Health And Preventive Medicine, DMS Complex, Teynampet, Chennai - 600 006.
6. The Director Directorate of Town Panchayat, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai -600028 MUMMINENI SUDHEER KUMAR, J.
vsn
and and M.P.Nos.7137 &7139 of 2024 07.01.2025