Naveenkumar S v. The State Through The Principal Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.02.2022
CORAM:
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.8746 of 2019 Naveenkumar.S ..
Petitioner vs
1. The State through The Principal Secretary to the Government Personal and Administrative Reforms Department Government of Tamil Nadu Chennai -9.
2. The Director of Medical and Rural Health Services No.258, DMS Complex 3rd Floor Anna Salai, Teynampet Chennai.
3. The Director of Medical Service Recruitment Board 7th Floor, DMS Building 359, Anna Salai, Teynampet Chennai.
4. L.Subbulakshmi
5. P.Murugan
6. S.Sanuganathi
7. Tamil Nadu Marudhaalunargal Nala Sangam Rep. by its President Mr.A.Nagaraj No.86/7, East Car Street, Theppakulam Near Mariamman Kovil, Thoothukudi - 628 002.
8. The Pharmacy Council of India NBCC Centre, 3rd Floor, Plot.No.2 Community Centre, MAA Anandamai Marg Okhla Phase-1, New Delhi- 110 020.
(R4 to R7 are impleaded vide order dated 11.04.2019 in WMP.Nos.11133 and 11659 of 2019 in WP.No.8746 of 19) (R8 impleaded vide order dated 13.09.2019 in WMP.No.22853 of 2019 in WP.No.8746 of 2019) ..
Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Declaration, declaring that the Rule 5 read with Annexure II Class 1, Category 1 and 2 of the Tamil Nadu Medical Subordinate Service rules issued by the 1st respondent relating to the appointment of Pharmacist post and consequent impugned notification in No: 13/MRB/2019 dated 01.03.2019 passed by the 2nd respondent so far as Clause 6B (Educational Qualification) as illegal and null and void and consequently direct the respondents to permit the petitioner to participate in the appointment of Pharmacist post in Tamil Nadu Medical Subordinate Services based on the petitioner's representation dated 05.09.2018.
For the Petitioner : Mr.M.Ravi for Mr.R.Bakyaraj for the Respondents : Mr.C.Harsharaj for Respondents 1 and 2 Mr.M.Loganathan for Respondent 3 Mr.C.Thilageshvaran for Respondents 4 to 6 Mr.M.T.Arunan for Respondent 8 No Appearance for R7
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Pursuant to the direction of this Court on 29.11.2021, the Government has notified the amendment in the Rule to provide all necessary qualification for the post of Pharmacists to be given effect to from 01.03.2019. The said notification was issued on 04.01.2022.
2. In the light of the aforesaid, the writ petition has become infructuous and is, accordingly, dismissed. There will be no order as to costs. Consequently, W.M.P.Nos.9313, 9314 and 9823 of 2019 are also closed.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar
kpl/drm To:
1. The Principal Secretary to the Government Personal and Administrative Reforms Department Government of Tamil Nadu, Chennai -9.
2. The Director of Medical and Rural Health Services No.258, DMS Complex 3rd Floor Anna Salai, Teynampet, Chennai.
3. The Director of Medical Service Recruitment Board 7th Floor, DMS Building 359, Anna Salai, Teynampet,Chennai.
4. The Pharmacy Council of India NBCC Centre, 3rd Floor, Plot.No.2 Community Centre, MAA Anandamai Marg Okhla Phase-1, New Delhi- 110 020.
+1cc to Mr.M.T.Arunan, Advocate, S.R.No.10360 +1cc to the Government Pleader, S.R.No.10809 W.P.No.8746 of 2019 RGN(CO) SB(25/02/2022)