Mrs.T.Ramani Bai v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2017
CORAM
THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.Nos.3842 to 3844 and 8658 of 2017 T.Ramani Bai .. Petitioner in WP.3842/2017 V.K.R.Periyarselvi .. Petitioner in WP.3843/2017 S.Lilli Puspam .. Petitioner in WP.3844/2017
1. S.Thenmozhi
2. A.Rani
3. E.Pramila Devi
4. R.Sumathi
5. M.Iniyaval
6. G.Mary
7. Sathayanarayani N
8. B.Lingeswari
9. Vijayalakshmi V
10. Anbuselvi Sellappan
11. T.R.Latha
12. Seetharaman Vijayalakshmi
13. T.Savitri
14. K.Murugayee
15. V.Muniammal
16. L.Shanthi Derma
17. A.Kannamal
18. Sobana Joy John
19. C.Rajamanickam
20. A.Senthil Kumaran
21. S.Gnanapraba
22. G.Selvarani
23. K.Kannan
24. A.Ravi
25. P.Amutha
26. M.Krishnaveni
27. N.Swarna Geetha
28. L.Selva Regi Ruben
29. G.Swaminathan
30. R.Padmavathy
31. R.Murugesan
32. M.Anbalagan
33. E.Kanniappan
34. C.Johnson
35. M.Chellapandi
36. V.Gomathi Priya .. Petitioners in WP.8658/2017 Vs.
1 The State of Tamil Nadu Rep. by the Principal secretary to Government Health and Family Welfare Department Fort St. George, Chennai-9.
2 The Director of Medical Education Poonamallee High Road, Kilpauk Chennai-10.
3 R.Shankar Shanmugham .. Respondents in all WP's PRAYER in W.P.Nos.3842, 3844 and 8658 of 2017: Petition under Article 226 of the Constitution of India for issuance of a writ of Declaration, declaring G.O.(Ms) No.212, Health and Family Welfare (AA2) Department, dated 31.08.2016 issued by the 1st respondent herein insofar as it mandates teaching experience to be in the specified specialty subject to be appointed as Reader in Nursing for the specialized subject and prescribes for preference to be given to holders of Ph.D. Degrees in Nursing for appointment to the post of Reader in Nursing and makes it mandatory for a person to hold Ph.D. Degree in Nursing for appointment as Reader in Nursing (Research) and permits persons holding the post of Nursing Tutor Grade I or Nursing Tutor Grade II to be appointed directly to the post of Reader in Nursing (Research) as ultra vires Articles 14 of the Constitution of India.
PRAYER in W.P.No.3843/2017: Petition under Article 226 of the Constitution of India for issuance of a writ of Declaration, declaring G.O.(Ms) No.212, Health and Family Welfare (AA2) Department, dated 31.08.2016 issued by the 1st respondent herein insofar as it prescribes for preference to be given to holders of Ph.D. Degrees in Nursing for appointment to the post of Reader in Nursing and makes it mandatory for a person to hold Ph.D. Degree in Nursing for appointment as Reader in Nursing
(Research) and permits persons holding the post of Nursing Tutor I Grade or Nursing Tutor II Grade to be appointed directly to the post of Reader in Nursing (Research) as ultra vires Article 14 of the Constitution of India.
For Petitioners : Mrs.Hema Muralikrishnan For Respondents : Mr.K.Venkataramani Addl. Advocate General assisted by Mr.T.N.Rajagopalan Government Pleader (incharge) for respondents 1 and 2 Mr.K.S.Viswanathan for Mr.Sivakumar for 3rd respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The issues involved in these writ petitions are identical to the issues involved in the writ petition, being W.P.No.3841 of 2017, disposed of earlier today. The only difference in these cases is that the concerned petitioners are Lecturers.
2. On behalf of the respondents, it is submitted that the experience criteria had to be relaxed as there were no suitable candidates available who had the requisite qualification of Ph.D. Degree and the post of Reader in Nursing (Research) had been lying vacant since the year 2014.
3. As the petitioners do not possess Ph.D. Degree, they are not eligible for appointment. Since they are not eligible for want of the requisite eligible qualification, they cannot complain against relaxation of the requisite experience criteria. These writ petitions are dismissed.
No costs.
Consequently, W.M.P.Nos.3907 to 3910, 9462 to 9464, 28881, 10489, 10490, 28878 to 28880, 18894 to 18896, 3911, 3912, 10491 of 2017 are closed.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar
sasi To:
1 The Principal secretary to Government State of Tamil Nadu Health and Family Welfare Department Fort St. George, Chennai-9.
2 The Director of Medical Education Poonamallee High Road, Kilpauk Chennai-10.
+1cc to the Government Pleader, S.R.No. 91258 W.P.Nos.3842 to 3844 and 8658 of 2017 AD(CO) TR(10/01/2018)