Rajeshwari.P v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 17.06.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition No.15766 of 2016 and WMP No.13682 of 2016 Rajeswari .P ... Petitioner Vs.

1. The Chairman Tamilnadu Public Service Commission Chennai-600 003.

2. The Registrar The Tamil Nadu Nurses and Midwives Council No.56 Santhome High Road Mylapore Chennai-600 004.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a writ of mandamus, directing the 1st respondent to permit the petitioner to participate in the process of appointment to the post of Maternal and Child Health Officer and consider the petitioner appointment subject to the production of the original certificate of registration of Midwife and for Nurse from the 2nd respondent council.

For Petitioner : Mr.N.Anand Venkatesh For Respondents : Ms.CNG.Niraimathi Standing counsel for TNPSC

O R D E R

This writ petition has been filed by the petitioner seeking a Mandamus, directing the first respondent to permit her to participate in the process of appointment to the post of Maternal and Child Health Officer and consider her appointment subject to the production of the original certificate of registration of Midwife and for Nurse from the second respondent council.

2.Heard the learned counsel for the petitioner as well as the learned Standing counsel appearing for the respondents.

3.The learned counsel for the petitioner submitted that the petitioner originally got registered in Tamil Nadu Nurses and Midwives Council and thereafter, she surrendered the same since she was working in Andhra Pradesh. He would submit that she applied for the post of Maternal and Child Health Officer, called by the first respondent by his notification dated 31.07.2015 and appeared for written test and thereafter, she was called for certificate verification. He further submitted that petitioner was not called for oral test since she did not possess the certificate issued by the second respondent. Aggrieved over the same, the petitioner has come forward with the present writ petition.

4.The learned Standing counsel appearing for the respondents has brought to the notice of this Court that as per the notification dated 31.07.2015, petitioner although originally registered her name in the Tamil Nadu Nurses and Midwives Council, surrendered the same in order to get her name registered in Andhra Pradesh and her registration got cancelled in Tamil Nadu on 25.03.2015 and therefore, she was not qualified for the selection. Since interview was called for in the first week of May 2016 for the said post, request was made to post the matter in the vacation Court. During that time, petitioner only sought for adjournment and hence, the matter was directed to be listed after vacation. It is stated by the learned Standing counsel that in the meanwhile, selection process was over and since she has not possessed the registration certificate of Tamil Nadu as per the notification dated 31.07.2015, she could not able to participate in the interview. Therefore, nothing survive for adjudication in the matter now.

5.Recording the submission made by the learned Standing counsel for TNPSC, this Writ Petition is closed. Consequently, connected Miscellaneous Petition is also closed. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar DP To

1. The Chairman Tamilnadu Public Service Commission Chennai-600 003.

2. The Registrar The Tamil Nadu Nurses and Midwives Council No.56 Santhome High Road Mylapore Chennai-600 004.

+1cc to Mr.N.Anand Venkatesh, Advocate, S.R.No.33639 Writ Petition No.15766 of 2016 and WMP No.13682 of 2016 AD(CO) CA(14/07/2016)