G.Vijayakumar v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.10.2017
CORAM
THE HONOURABLE MR.JUSTICE T. RAJA W.P.No.26447 of 2017 and W.M.P.Nos.28146 to 28148 of 2017 1.G.Vijayakumar 2.M.Periyasamy ... Petitioners Vs.
1. The State of Tamil Nadu rep. by its Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai-9.
2. The Member Secretary, Medical Services Recruitment Board, 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai-6.
3. The Director of Medical Education, Kilpauk, Chennai-10.
... Respondents Writ Petition filed under Article 226 constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to consider the petitioners qualification with Certificate of Radiological Assistant (CRA) also as qualification for selection to the post of Radiographer for the Notification No.09/MRB/2017 dated 22.08.2017.
For Petitioners : Mr.N.G.R.Prasad for M/s.Row and Reddy For Respondents : Mr.C.C.Rangarajan, 1 and 3 Government Advocate For 2nd respondent : Mr.A.Vivek
O R D E R
The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioners qualification with Certificate of Radiological Assistant (CRA) also as qualification for selection to the post of Radiographer for the Notification No.09/MRB/2017 dated 22.08.2017.
2.
Heard the learned Counsel for the petitioners and Mr.C.C.Rangarajan, learned Government Advocate appearing for the respondents 1 and 3 and Mr.A.Vivek, learned Counsel for the 2nd respondent.
3.
It appears that the petitioners are qualified with Certificate of Radiological Assistants (CRA) which is an eligible qualification for appointment to the post of Radiographer which covers both Radiography and Radiotheraphy. However in the meanwhile, the State Government as per G.O.Ms.No.263, Health and Family Welfare Department (C2) dated 15.11.2016, bringing the post of Radiography under Tamil Nadu Medical Subordinate Services, splitting into two categories as Radiography and Radiotheraphy Technician with corresponding revision of qualification as two years Diploma course in the relevant technology.
4.
As a result, the candidates with CRA qualification are rendered ineligible to the post of Radiographer after amendment. Therefore, the petitioners have given representations dated 16.09.2017 and 21.09.2017 respectively to consider their plight, since, they already acquired CRA. Admittedly, the said representations are pending consideration for quite a long time. 5.
In view thereof, the 1st respondent is hereby directed to consider the representation submitted by the petitioners dated 16.09.2017 and 21.09.2017 respectively, on merits, within a period of eight weeks from the date of receipt of a copy of this order.
6.
The Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petitions are also closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
tsi To
1. The Secretary to Government, State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Chennai-9.
2. The Member Secretary, Medical Services Recruitment Board, 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai-6.
3. The Director of Medical Education, Kilpauk, Chennai-10.
+1cc to M/s.Row & Reddy, Advocate, S.R.No.73132 W.P.No.26447 of 2017 CP(CO) CA(11/10/2017)