Madras High CourtWP/25786/2015disposed of

K.S.Mahalakshmi, v. The State Of Tamil Nadu,

2017-11-06Honourable Mr Justice S. Manikumar,Honourable Mr Justice N. Authinathan31 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P.No.25786 of 2015 W.P.(MD)No.5209 of 2015 W.P.Nos.5469, 5705, 5507 to 5510/2016 to 5510, 5762 to 5764, 5889, 6039, 7547, 7585, 7586, 8031 and 9311 of 2016 and Connected Miscellaneous Petitions 1 K.S.MAHALAKSHMI ... PETITIONER in WP No.25786 of 2015 W/O. N.GOMATHI SANKARAN NO.7/530A MUTHURAMALINGA THEVAR STREET NGO COLONY NAGAMALAI POST MADURAI-625019.

2 P.SARAVANAN S/O. R.PADMANABAN NO.4136 PILLAYAR KOVIL STREET MELATHUR SOMANGALAM POST CHENNAI- 69.

3 M.RAJENDRAN S/O. G.MAHALINGAM NO.1.C.7 HATOON RESIDENCY PATTAMANGALAM STREET MAYILADUTHURAI NAGAPATTINAM DISTRICT.

1. Tamil Nadu Pharmacist Welfare Association Rep through its General Secretary K.Arunsingh S/o.P.Kanagaraj Gnanam 86/7 East Car Street, Near Teppakulam Mariamman Koil Tuticorin 628 002

...Petitioner in WP.5209 of 2015

1 P.SIVALAKSHMI ... PETITIONER in WP No.5469 of 2016 D/O.M.PARAMASIVAM 13/14 7TH STREET RAJAJI NAGAR VILLIVAKKAM CHENNAI

1 KARPAGAVALLI ... PETITIONER in WP No.5705 of 2016 D/O.SUNDARAMURTHY ADHILAKSHMI NAGAR HANUMANTHAPUTHERI CHENGALPET KANCHEEPURAM DISTRICT 2 KAVERI D/O.SUBRAMANI NO.3/129 MADAM STREET SRIKALIKAPURAM POST PALLIPET TALUK THIRUVALLUR DISTRICT 3 T.MURUGESAN S/O.THANGASAMY NADAR NO.23 KUBERA NAGAR IYENCHERI VILLAGE URAPAKKAM GUDUVANCHERY KANCHEEPURAM DISTRICT 4 K.SENTHAMARAI D/O.KARUPPUSAMY NO.2/555-A GANAPATHY NAGAR DASANUR METTUPALAYAM COIMBATORE 5 N.BALA SARAVANAN G.NARAYANAN NO.1/26A ATHALAI NAYAGI AMMAN NAGAR MANAGIRI KARAIKUDI 630 001 6 SANTHI D/O.SANKARALINGAM MUTHALAPURAM POST VIRUDHUNAGAR TALUK & DISTRICT 7 MAHALINGAM S/O.GURUSAMY NO.235 MARIAMMAN KOIL STREET CHEKKADI STREET SRIVILLIPUTHUR 8 G.RAJARAM GOVINDASAMY NO.17-A KANKAYAN KOIL STREET KOVILPATTI TUTICORIN DISTRICT 628 501 9 A.AMUTHA S/O.M.ANGANNAN NO.9-3-9 MUTHALAMMAN KOIL STREET KENGUVARPATTI PERIYAKULAM TALUK THENI DISTRICT 10 G.BRABAHAR GANAPATHY NO.4/59 SOUTH STREET OTTANATHAM TUTICORIN DISTRICT 628 302 11 K.SIVAGAMI S/O.M.KANDASAMY NO.46 NEW APOLLO MEDICALS MADURAI ROAD BEGAHMBUR DINDIGUL 624 002

12 UMASANKAR LENIN S/O.SUBBARAJ NO.9 THIYAGI SANKARALINGANAR STREET JAIHINDUPURAM MADURAI 13 JAYANTHI D/O.SUNDARARAJ NO.20 YESANGARAYAN STREET THETHAM POST THOTTIYAM TRICHY 621 215 14 V.LATHA S/O.VENKATRAMAN NO.561 MJG KURUNCHI STREET NEW HOUSING UNIT THANJAVUR 15 MALARVIZHI D/O.CHANDRAN NO.19/11 SUBRAMANICHETTI STREET DINDIGUL 16 V.LATHA D/O.VENKATESAN NO.F-16 SHANTHI SADAN APARTMENT MELAKKAL MAIN ROAD KOCHADAI MADURAI 16 17 A.SENTHILKUMAR S/O.ADAIKALAM NO.47/F-27 OM SAKTHI ILLAM VENKATACHALAM NAGAR ARATHANKI ROAD PUDUKOTTAI 614 601 18 S.AYYADURAI S/O.SHANMUGAPRAKASAM NO.69/1 PERUMAL EAST CAR STREET PALAYAMKOTTAI TIRUNELVELI 627 19 C.SANKAR S/O.CHOKKALINGAM ARASARKULAM AMBEDKAR NAGAR ARANTHANKI PUDUKOTTAI DISTRICT 20 C.PALANIAPPAN S/O.CHELLAPPAN MATTANGAL POST GANDHARVAKOTTAI PUDUKOTTAI DISTRICT 21 N.GIRIJA D/O.NATARAJAN NO.13 NACHIYARPALAYAM WORAIYUR TRICHY 620 003 22 DEVIKA RANI W/O.K.SUBRAMANI NO.413 OM SHANTHI NILAYAM DAVIS DALE UDHAGAMANDALAM 643 001

1. B.Balu S/o.balasundaram 129/2 Poongudi Kollai Thamaran Kottai Post Pattukottai Taluk Thanjavur District 614 613 ...petitioner in WP.5507/2016 1.K.S.Mahalakshmi W/o.N.Gomathi Sankaran No.7/530 A, Muthuramalinga Thevar Street NGO Colony Nagamalai Post Madurai-625 017

...Petitioner in

WP.5508/2016 1.P.Saravanan S/o.R.Padmanaban No.4136 Pillayar Kovil Street, Melathur Somangalam Post Chennai 600 069

...Petitioner in

WP.5509/2016 M.Rajendran S/o.G.Mahalingam No.1 C7 Hatoon Residency Pattamangalam Street, Mayiladuthurai Nagapattinam District

...Petitioner in

WP.5510 of 2016 1 P.R.CHANDRA MOHAN ... PETITIONER in WP No.5762 of 2016 S/O.RANGASAMY NO.363 SAKTHI NAGAR PUTHUMARIAMMAN KOVIL STREET PONNAMAPET SALEM 1 B.K.BHASKAR ... PETITIONER in WP No.5763 of 2016 S/O.KRISHNAMOORTHY NO.10 BY 42 CHOLAN ROAD VIDHYA NAGAR AMMAPET SALEM 1 K.ILANGO ... PETITIONER in WP No.5764 of 2016 S/O.KALIAPPAN NO.858 PONGODI ILLAM KAMARAJ NAGAR SALEM

1 C.UMAPTHY M/A 44 YEARS ... PETITIONER in WP No.5889 of 2016 S/O.CHINNARAJI NO.11-2 RANGASAMY STREET NATRAMPALLI TK VELLORE DISTRICT 1 S.CHANDRA SEKAR ... PETITIONER in WP No.6039 of 2016 S/O.SEETHARAMAN NO.359 PILLAIYAR KOIL STREET VAZHIYUR VILLAGE & POST POLUR TALUK TIRUVANNAMALAI DISTRICT 2 K.SATHISHKUMAR S/O.KRISHNAN NEW NO.1121 OLD NO.4-98A VIRANAR KOVIL STREET PERUNKULATHUR SENGAM TALUK TIRUVANNAMALAI DISTRICT 3 V.ANBU S/O.VASULINGAM NO.21 PERUMAL KOVIL STREEET ARUMBAKKAM CHENNAI-600 106 4 S.RADHIKA D/O.SELVAM NO.104 THIRUVANAIKOIL STREET POST MAMBAKKAM ORAKATTERPATTI VIA KANCHEEPURAM DISTRICT-603 106 5 P.KALPANA D/O. K.PRAKASAM NO.96 KAMALA STREET NAGAVEDU POST ARAKKONAM TALUK VELLORE-631 002 6 M.NAVEEN KUMAR S/O. V.MUNUSAMY NO.214 SUBEDHAR RAMJI STREET V.SATHANUR POST VIKKIRAVANDI VIA VILLUPURAM TALUK & DISTRICT-605 652 7 A.

BASKARAN S/O. V.ARIKRISHNAN MARIAMMAN KOIL STREET MANTHOPPU VILLAGE PULICHAPPALLAM POST VILLUPURAM DISTRICT-605 109 8 S.CHANDRA BABY D/O. SELVARAJ NO.34/46 VENKATESA STREET KOSAPETTAI CHENNAI 9 I.AJANTHA SHALINI D/O.IYOTHY NO.

10 K.RAJKUMAR S/O.KANNAN NO.184/4 NEW COLONY KOVINDAVADI POST & VILLAGE KANCHEEPURAM TALUK & DISTRICT 11 P.ARIVAZHAGAN S/O.PARAMASIVAM MAMBALAPATTU POST VILLUPURAM TALUK & DISTRICT 1 T.KRISHNAVENI ... PETITIONER in WP No.7547 of 2016 W/O.V.RAJA KUMARANGNAPALLI MALLAPADI-635 104 KRISHNAGIRI DISTRICT 1 B.SRINIVASAN ... PETITIONER in WP No.7585 of 2016 S/O.V.K.BALAKRISHNAN NO.10/8 TNHB COMPLEX THIRUMULLAIVOYIL CHENNAI-62.

1 V.GANESAN ... PETITIONER in WP No.7586 of 2016 S/O.P.VEERAIYAN KANICHI VILLAGE SAMALPATTI PO UTHANGARAI TALUK KRISHNAGIRI DISTRICT- 635 306.

1 M.SUNDARAVARMAN ... PETITIONER in WP No.8031 of 2016 S/O. E.C.MANICKAM DOOR NO.227/7 RAJA STREET VEERAPANDI COLONY SALEM-636 308 1 S.WILSON DAVID ... PETITIONER in WP No.9311 of 2016 S/O. J.SANTIAGO NO.28 G-4 BHARATHIAR STREET II LANE CHOOLAIMEDU CHENNAI-94.

2 N.PUSHPA BENSIHAR D/O.MARIATHASON NO.7/2 ELANGOADIGA STREET PACHAIAMMAN NAGAR ZAMIN PALLAVARAM CHENNAI-43.

3 R.MURUGAN S/O. K.RAMAIAH NO.45 SANKARAN KERIARU STREET VIRUDHUNAGAR

4 N.NAVANEETHA KRISHNAN S/O.NAGANNAN NO.9/7 RAMACHANDRA THADAGA STREET THIRUMANGALAM.

5 N.NAGESHWARI D/O.NAGARAJ NO.2C PCM NAGAR THIRUMANGALAM MADURAI 6 S.BALAMURUGAN S/O. S.SIVAPRAKASAM NO.1/303 VAIGAI 10TH STREET SRI NAGAR IYYER BANGALOW MADURAI-17.

7 G.GAJENDRAN S/O.V.GOVINDASAMY NO.170A VELACHERRY ROAD SELAIYUR TAMBARAM CHENNAI-73.

8 D.JOSHUVA JEBAKUMAR S/O. S.DEVADOSS PITCHAI NO.3 SISTER ROSE II STREET WEST PONNAGARAM MADURAI-16.

9 M.SUBBURAMAN S/O.R.MUTHUSAMY THUMMACHI STREET PUSHPAVANAM AND PO VEDARANIAM TALUK NAGAPATTINAM DISTRICT (W.E) 10 A.R.SENTHIL KUMAR S/O. A.RAMARAJ NO.133/3-W WEST STREET ANAMALAYANPATTI POST UTHAMAPALAYAM TALUK THENI DISTRICT-625 526. (W.E) 11 R.JOSEPH JAYAKUMAR S/O.RICHARD THIYAGARAJAN NO.6 SOUTH KOTHA STREET THIRUVAROOR THIRUVAROOR DISTRICT (W.E) Vs 1 THE STATE OF TAMIL NADU ... RESPONDENT in WP No.25786 of 2015 REP. BY ITS SECRETARY TO GOVERNMENT HEALTH & FAMILY WELFARE DEPARTMENT SECRETARIAT FORT ST. GEORGE CHENNAI-9.

2 THE DIRECTOR OF MEDICAL & RURAL HEALTH SERVICE DMS CAMPUS ANNA SALAI TEYNAMPET CHENNAI-6.

3 THE DIRECTOR OF PUBLIC HEALTH DMS CAMPUS ANNA SALAI TEYNAMPET CHENNAI-6. 4 THE DIRECTOR OF MEDICAL EDUCATION KILPAUK CHENNAI-10.

5 THE CHAIRMAN MEDICAL SERVICES RECRUITMENT BOARD DMS CAMPUS ANNA SALAI TEYNAMPET CHENNAI-6.

1.The Government of Tamil Nadu Rep by its Principal Secretary Health and Family Welfare Department Fort St.George Chennai 09 2.The Director Officer of the Public Health and Preventive Medicine Tamil Nadu DMS Campus Chennai 600 006 3.The Mission Director State Rural Health Mission and State Health Society Tamil Nadu DMS Campus, Chennai-600 006 4.The Chairman Medical Services Recruitment Board, Tamil Nadu DMS Campus, Chennai 600 006 5.The Director Office of the Medical & Rural Health Services, Tamil Nadu, DMS Campus Chennai- 600 006 6.The Director Office of the Medical Education Kilpauk Chennai-10 7.The Secretary to Government of Tamil Nadu Labour and Employment Department Fort St.George Chennai-09

8.The Special Commissioner and Commissioner Department of Employment and Training Guindy Chennai-600 032 9.The Additional Director (PHCS) Nodal officer Rashtriya Bal Swasthya Karyakram Tamil Nadu DMS Campus Chennai-600 006 ...WP(MD)No.5209/2015 1 STATE OF TAMILNADU ... RESPONDENT in WP No.5469 of 2016 REP. BY THE SECRETARY TO THE GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT FORT ST. GEORGE CHENNAI-9 2 THE MEMBER SECRETARY TAMILNADU MEDICAL SERVICES RECRUITMENT BOARD (MRB) 7TH FLOOR DMS BUILDING 359 ANNA SALAI CHENNAI-6 3 DISTRICT EMPLOYMENT OFFICER DEPARTMENT OF EMPLOYMENT AND TRAINING VIRUDHUNAGAR 1 THE STATE OF TAMILNADU ... RESPONDENT in WP No.5705 of 2016 REP. BY ITS PRINCIPAL SECRETARY HEALTH & FAMILY WELFARE DEPARTMENT SECRETARIAT FORT ST.

1.The State of Tamil Nadu Rep by its Secretary to Government Health and Family Welfare Department Secretariat Fort St.George Chennai-09 2.The Chairman Medical Services Recruitment Board DMS Campus Anna Salai Teynampet Chennai-600 006 3.The Member Secretary Medical Services Recruitment Board DMS Campus, Anna Salai Teynampet Chennai-600 006

...Respondents in

WP.5507/2016 1.The State of Tamil Nadu Rep by its Secretary to Government Health and Family Welfare Department Secretariat Fort St.George Chennai-09 2.The Chairman Medical Services Recruitment Board, DMS Campus, Anna Salai Teynampet, Chennai 600 006 3.The Member Secretary Medical Services Recruitment Board, DMS Campus, Anna Salai Teynampet Chennai-600 006

...Respondents in WP.5508/2016

1.The State of Tamil Nadu Rep by is Secretary to Government Health and Family Welfare Department Secretariat Fort St.George Chennai-09

2.The Chairman Medical Services Recruitment Board DMS Campus, Anna Salai Teynampet, Chennai-600 006 3.The Member Secretary Medical Services Recruitment Board, DMS Campus, Anna Salai Teynampet Chennai600 006

...Respondents in WP.5509 of 2016

1 THE STATE OF TAMILNADU ... RESPONDENT in WP No.5510 of2016 REP. BY ITS SECRETARY TO GOVERNMENT HEALTH & FAMILY WELFARE DEPARTMENT SECRETARIAT FORT ST.GEORGE CHENNAI-600 009 2 THE CHAIRMAN MEDICAL SERVICES RECRUITMENT BOARD DMS CAMPUS ANNA SALAI TEYNAMPET CHENNAI-600 3 THE MEMBER SECRETARY MEDICAL SERVICES RECRUITMENT BOARD DMS CAMPUS ANNA SALAI TEYNAMPET CHENNAI-600 1 THE SECRETARY FOR HEALTH ... RESPONDENT in WP No.5762 of 2016 AND FAMILY WELARE (C2) DEPARTMENT ST.

GEORGE FORT CHENNAI-9 2 THE MEDICAL SERVICE RECRUITMENT BOARD 7TH FLOOR DMS BUILDINGS 359 ANNA SALAI TEYNAMPET CHENNAI-6 1 THE SECRETARY FOR HEALTH... RESPONDENT in WP No.5763 of 2016 AND FAMILY WELARE (C2) DEPARTMENT ST.

GEORGE FORT CHENNAI-9 2 THE MEDICAL SERVICE RECRUITMENT BOARD 7TH FLOOR DMS BUILDINGS 359 ANNA SALAI TEYNAMPET CHENNAI-6

1 THE SECRETARY FOR HEALTH ... RESPONDENT in WP No.5764 of2016 AND FAMILY WELARE (C2) DEPARTMENT ST.

GEORGE FORT CHENNAI-9 2 THE MEDICAL SERVICE RECRUITMENT BOARD 7TH FLOOR DMS BUILDINGS 359 ANNA SALAI TEYNAMPET CHENNAI-6 1 THE SECRETARY FOR HEALTH... RESPONDENT in WP No.5889 of 2016 AND FAMILY WELFARE (C2) DEPARTMENT ST.

GEORGE FORT CHENNAI-9 2 THE MEDICAL SERVICE RECRUITMENT BOARD 7TH FLOOR DMS BUILDINGS 359 ANNA SALAI TEYNAMPET CHENNAI-6 1 THE SECRETARY TO GOVERNMENT ... RESPONDENT in WP No.6039 of 2016 HEALTH & FAMILY WELFARE DEPARTMENT SECRETARIAT FORT ST. GEORGE CHENNAI-600 009 2 THE DIRECTOR OF MEDICAL & RURAL HEALTH SERVICES 3RD FLOOR DMS COMPLEX NO.359 ANNA SALAI TEYNAMPET CHENNAI-600 006 3 THE MEDICAL SERVICES RECRUITMENT BOARD REP. BY ITS MEMBER SECRETARY 7TH FLOOR DMS BUILDING NO.359 ANNA SALAI TEYNAMPET CHENNAI-600 006 4 THE COMMISSIONER OF EMPLOYMENT & TRAINING THIRU. VI.KA.

INDUSTRIAL ESTATE GUINDY CHENNAI-600 032 1 THE MEMBER SECRETARY ... RESPONDENT in WP No.7547 of 2016 MEDICAL SERVICES RECRUITMENT BOARD DMS BUILDING 7TH FLOOR 359 ANNA SALAI TEYNAMPET CHENNAI-600 006

2 THE DEPUTY DIRECTOR DISTRICT EMPLOYMENT OFFICE KRISHNAGIRI 1 THE STATE OF TAMIL NADU ... RESPONDENT in WP No.7585 of 2016 REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT SECRETARIAT FORT ST. GEORGE CHENNAI-9.

2 THE CHAIRMAN MEDICAL SERVICES RECRUITMENT BOARD DMS CAMPUS ANNA SALAI TEYNAMPET CHENNAI-6.

3 THE MEMBER SECRETARY MEDICAL SERVICES RECRUITMENT BOARD DMS CAMPUS ANNA SALAI TEYNAMPET CHENNAI-6.

1 THE STATE OF TAMIL NADU ... RESPONDENT in WP No.7586 of2016 REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT SECRETARIAT FORT ST. GEORGE CHENNAI-9.

2 THE CHAIRMAN MEDICAL SERVICES RECRUITMENT BOARD DMS CAMPUS ANNA SALAI TEYNAMPET CHENNAI-6.

3 THE MEMBER SECRETARY MEDICAL SERVICES RECRUITMENT BOARD DMS CAMPUS ANNA SALAI TEYNAMPET CHENNAI-6.

1 STATE OF TAMILNADU REP. BY THE SECRETARY TO GOVERNMENT HEALTH & FAMILY WELARE DEPT. SECRETARIAT CHENNAI-600 009 ...RESPONDENT in WP No.8031 of 2 THE DIRECTOR OF MEDICAL EDUCATION 162 EVR PERIYARSALAI KILAPUK CHENNAI-600 010

3 THE DIRECTOR OF MEDICAL AND RURAL HEALTH SERVICES MEDIAL AND RURAL HEALTH SERVICES 361 DMS COMPLEX ANNA SALAI CHENNAI-600 006 4 THE MEDICAL SERVICES RECRUITMENT BOARD REP. BY THE CHAIRMAN 7TH FLOOR DMS BUILDING 359 ANNA SALAI CHENNAI-600 006.

1 STATE OF TAMILNADU REP. BY THE SECRETARY TO GOVT. HEALTH & FAMILY WELFARE DEPT. SECRETARIAT CHENNAI-600 009.

... RESPONDENT in WP No.9311 of 2016 2 THE DIRECTOR OF MEDICAL EDUCATION 162 EVR PERIYAR SALAI KILPAUK CHENNAI-600 010.

3 THE DIRECTOR OF MEDICAL AND RURAL HEALTH SERVICES MEDICAL AND RURAL HEALTH SERVICES 361 DMS COMPLEX ANNA SALAI CHENNAI-600 006.

4 THE MEDICAL SERVICES RECRUITMENT BOARD REP. BY THE CHAIRMAN 7TH FLOOR DMS BUILDING 359 ANNA SALAI CHENNAI-600 006.

WP No.25786 of 2015 to call for the records relating to the impugned Government order issued by the 1st respondent in G.O.Ms. No.401 Health & Family Welfare (C2) Department dated 16.12.2014 and to quash the same in so far as the method of recruitment for the post of Pharmacist by awarding weightage marks based on the actual marks secured in the qualifying examinations and consequently directing the respondents to adopt a fair procedure for selection to the post of Pharmacist in consonance to Article 14 and 16 of Constitution of India WP(MD)No.5209 of 2015: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus or any other Writ or Order or Direction in the nature of Writ calling for the records relating to the impugned order G.O.Ms.No.401 Health and Family Welfare (C2) Department dated 16.12.2014 issued by the 1st respondent and quash the same in respect of the members of the Petitioner's Association and consequently direct the 1st respondent to continue State Level

Seniority in the recruitment of Pharmacists in respondents Department without following weightage method based on the petitioner's representation dated 07.01.2015 according to law. WP No.5469 of 2016 calling for the records of the 1st respondent dated 16.12.2014 relating to G.O.Ms.No.401, Health and Family Welfare (C2) Department, quash the same and direct the respondents to consider the eligibility of the petitioner for the post of Pharmacist based on employment exchange seniority as well as the percentile of marks obtained by her in the qualifying exams, as per petitioners representation dated 8.2.2016 WP No.5705 of 2016 calling for the records pertaining to the Government order issued by the 1st respondent in G.O.Ms.No.401 Health and Family Welfare (C2) Department, dated 16.12.2014 and the consequential notification in Notification No.

6/MRB/2016 dated 31.1.2016 on the file of the 5th respondent and quash the same as illegal, incompetent and ultravires and consequently direct the respondents to adopt a fair procedure for selection to the post of Pharmacist in consonance with article 14 and 16 of the constitution of India, 1950 WP.No.5507 of 2016:To call for the records relating to the proceedings of the 3rd Respondent in Notification NO.. 6/MRB/ 2016 dated 31.01.2016 and quash the same in so far as the Procedure of Selection for the post of Pharmacist by awarding weight age marks based on the actual marks secured in the qualifying examination is concerned and consequently direct the Respondents to adopt a fair procedure for selection to the post of Pharmacist in consonance to Article 14 & 16 of Constitution of India WP.No.

5508 of 2016:To call for the records relating to the proceedings of the 3rd Respondent in Notification NO.. 6/MRB/ 2016 dated 31.01.2016 and quash the same in so far as the Procedure of Selection for the post of Pharmacist by awarding weight age marks based on the actual marks secured in the qualifying examination is concerned and consequently direct the Respondents to adopt a fair procedure for selection to the post of Pharmacist in consonance to Article 14 & 16 of Constitution of India WP.No.5509 of 2016:To call for the records relating to the proceedings of the 3rd Respondent in Notification NO.. 6/MRB/ 2016 dated 31.01.

Respondents to adopt a fair procedure for selection to the post of Pharmacist in consonance to Article 14 & 16 of Constitution of India WP No.5510 of 2016 To call for the records relating to the proceedings of the 3rd Respondent in Notification NO.. 6/MRB/ 2016 dated 31.01.2016 and quash the same in so far as the Procedure of Selection for the post of Pharmacist by awarding weight age marks based on the actual marks secured in the qualifying examination is concerned and consequently direct the Respondents to adopt a fair procedure for selection to the post of Pharmacist in consonance to Article 14 & 16 of Constitution of India WP No.

5762 of 2016 direct 2nd respondent to select among the Employment Exchange candidates for half of the 333 post of Pharmacists to be filed up and to select among the non -Employment Exchange candidates for the other half of the posts to be filled up in terms of clause 6c(iii) of the said Notification No.6/MRB/2016 dated 31.1.2016 passed by the 2nd respondent WP No.5763 of 2016 direct 2nd respondent to select among the Employment Exchange candidates for half of the 333 post of Pharmacists to be filed up and to select among the non -Employment Exchange candidates for the other half of the posts to be filled up in terms of clause 6c(iii) of the said Notification No.6/MRB/2016 dated 31.1.2016 passed by the 2nd respondent WP No.

5764 of 2016 direct 2nd respondent to select among the Employment Exchange candidates for half of the 333 post of Pharmacists to be filed up and to select among the non -Employment Exchange candidates for the other half of the posts to be filled up in terms of clause 6c(iii) of the said Notification No.6/MRB/2016 dated 30.1.2016 passed by the 2nd respondent WP No.5889 of 2016 Direct 2nd respondent to select among the Employment Exchange Candidates for half of the 333 post of Pharmacists to be filled up and to select among the non-Employment Exchange Candidates for the other half of the posts to be filled up, in terms of clause 6c(iii) of the said Notification No. 6/MRB/2016 dated 31.01.

WP No.6039 of 2016 to call for the records culminating in direct Recruitment Notification NO.8/MRB/2016, dated 31.1.2016, issued by the 3rd respondent; G.O.Ms.No.401, Health and Family Welfare (C2) Department, dated 16.12.2014 issued by the 1st respondent and G.O.Ms.No.331, Health and Family Welfare (C2) Department, dated 5.11.2015 issued by the 1st respondent and quash the same and consequently direct the respondents to fill up the post of Laboratory Technician Grade II with candidates possessing Diploma in Medical Laboratory Technology (DMLT) as stipulated in the Special Rules for Tamilnadu Medical Subordinate Service based on Statewide Employment Exchange Seniority by including the petitioners names also and experience and to consequently select and appoint the Petitioners as Laboratory Technician Grade II pursuant to the Certificate Verification held on 22.09.2010 on the basis of the Call Letter in Na.Ka.No.58532/Ni.Pi.5/3/2009, dated 30.08.2010 of the 2nd Respondent.

WP No.7547 of 2016 Calling for records relating to the impugned list in Notification No. 01/MRB/2016 dated 23.02.2016 published by the 1st respondent for the post of Lab Technician Grade III, quash the same and consequently direct the respondents to appoint the petitioner on the basis of the final list published already pursuant to the certificate verification held 04.05.2015 WP No.7585 of 2016 To call for the records relating to the proceedings of the 3rd respondent in Notification No.1/MRB/ 2016 dated 10.1.2016 and quash the same in so far as the Procedure of Selection for the post of Lab Technician Grade III is concerned and consequently directing the Respondents to adopt a fair procedure for selection to the post of Lab Technician Grade III in consonance to Article 14 & 16 of Constitution of India WP No.

7586 of 2016 To call for the records relating to the proceedings of the 3rd respondent in Notification No.1/MRB/ 2016 dated 10.1.

WP No.8031 of 2016 To call for the records on the file of the 1st respondent in connection with the order passed by him in G.O.(MS) No.331, Health and Family Welfare (2) Dept., dated 5.11.15 in respect of the selection on the basis of the marks in SSLC and HSC WP No.9311 of 2016 To call for the records on the file of the 1st respnodent in connection with the order passed by him in G.O. (Ms). No. 331, Health and Family Welfare (2) Dept., dated 05.11.15 in respect of the selection of the basis of the marks in SSLC and HSC and quash the same For Petitioner in WP.Nos.8031 & 9311/16: Mr.R.Singaravelan, Senior Counsel for M/s.M.Srividhya For Petitioner in WP.No.6039/16: Mr.LSM.Hasan Fizal For Petitioner in WP.Nos.25786/16 5507 to 5510/16 & 7585 & 7586/16: Mr.G.Sankaran For Petitioner in WP.No.7547/16: Mr.N.Manokaran For Petitioner in WP.No.

5889/16 WP.Nos.5762 to 5764/16 : Mr.V.Janarthanan For Petitioner in WP.No.5469/16: Mr.R.Meenal For Petitioner in WP.No.5705/16: Mr.R.Singaravelan for Mr.G.Thalaimutharasu For Petitioner in WP(MD)No.5209/15: Mr.S.Muthalraj For Respondents : Mr.K.Venkataramani, AAG Assisted by Mr.K.V.Dhanapalan, Spl.G.P.

ORDER

(Order of the Court was made by S.MANIKUMAR, J.) Taking note of the affidavit, dated 02.11.2017 and letter, dated 20.10.2017, of the Director of Medical Education, Chennai, on 02.11.2017, we recorded as hereunder:

"In respect of the selection to the post of LabTechnician - III, the Principal Secretary to Government, Health & Family Welfare Department, Secretariat, Chennai 9, has filed an additional affidavit dated 2/11/207, details of which are extracted hereunder:- "(i). As far as the post of Lab Technician Grade III is concerned, the requirement for the said post is a certificate in Medical Laboratory Technology Course (CMLT). As per the Director of Medical Education, the second respondent herein in its letter No.77575 / PME / 3/2017 dated 20.10.2017, the CMLT Course was earlier conducted by private institutions and was regulated from 1987 through G.O.Ms.No. 1438, Health and Family Welfare Department, dated 18.07.1987. It has also been informed by the second respondent that the candidates have been awarded with marks.

(ii). The Medical Services Recruitment Board the fourth respondent herein, has notified for 710 vacancies in the said post of Lab. Technician Grade - III on consolidated pay basis vide its Notification No.1/MRB/2016 dated 10.1.2016. A total number of 5093 applications have been received, out of which 2352 have submitted their applications without marks. On analyzing the applications received by MRB, only 2 candidates who have completed before 1987 have applied and they have furnished the marks. Further 370 candidates have completed the CMLT Course between 1987 to 1996, of which, 284 have applied without marks. There are 3648 candidates who have completed the CMLT course from 1997 onwards, of which 1861 have applied without marks.

(iii). The candidates have been awarded with marks as indicated by the second respondent herein. If this Hon'ble Court permits, all the 2352 candidates who have applied without marks, may be given a time limit to submit their marks to the fourth respondents herein and those applicants who submit their marks within the stipulated time will be taken in to consideration.

(iv). Since the basic educational qualification is HSC for the CMLT course from the year 1987, the weightage of marks will be fixed in the percentage of 50:30:20 respectively awarded for CMLT, HSC and SSLC in consonance with the G.O.(Ms) No.401, Health and Family Welfare (C2)Department, dated. 16.12.2014. As such the need to fill up the said post of Lab-

Technician Grade -III is very essential, for welfare of the public."

2. In respect of the selection to the post of Lab-Technician - II, the Principal Secretary to Government, Health & Family Welfare Department, Secretariat, Chennai 9, has filed an additional affidavit, dated 2/11/207,, details of which are extracted hereunder:- "(i). As far as the post of Lab Technician Grade II is concerned, the requirement for the said post is: a) Diploma in Medical Laboratory Technology course (DMLT). If the DMLT candidates are not available, CMLT (Certificate in Medical Laboratory Technician course) candidates can be considered. As per the details furnished by Director of Medical Education, the second respondent herein, in letter No. 77574/PME/3/2017 dated 20.10.2017, the Diploma Course in Medical Laboratory Technology (DMLT) was started only in the year 1994 and all the candidates have been awarded with marks from the first batch of candidates who have passed out in the year 1996.

(ii). Medical Services Recruitment Board, the fourth respondent herein, has Notified for 524 vacancies in the said post of Laboratory Technician Grade-II vide Notification No. 8/MRB/2016, dated 31.01.2016. A total number of 9600 applications have been received out of which 7379 have applied with DMLT qualification and 212 have applied with CMLT qualification and 2009 have applied with qualification other than DMLT / CMLT. Since the number of DMLT candidates are sufficiently available, there is no need for consideration of CMLT candidates. Further, out of the 7379 candidates with DMLT qualification, 6065 have applied with marks and 1314 have applied without marks. Since all the candidates have been awarded with marks from commencement of the course, the 1314 candidates must also have been awarded with marks.

(iii). If the candidates given time limit to submit their marks to the fourth respondent and since HSC is the basic qualification for the DMLT course from commencement of the course, the weightage of marks will be fixed in the percentage of 50:30:20 awarded for DMLT, HSC and SSLC in consonance with the G.O.(Ms) No.401, Health and Family Welfare (C2) Department, dated. 16.12.2014.

As such the need to fill up the said post of LabTechnician Grade -II is very essential, for welfare of the public."

3. In respect of the selection to the post of Pharmacist, the Principal Secretary to Government, Health & Family Welfare Department, Secretariat, Chennai 9, has filed an additional affidavit, dated 2/11/207, details of which are extracted hereunder:- (i). As per the details furnished by the Director of Medical Education, (who is the authority for the conduct / regulation of the course), in letter No.75520/BP(4)/2017 dated 20.10.2017, D.Pharm course is in existence from the year 1956. There are 2 educational regulations framed by the Pharmacy Council of India. As per Educational Regulation 1981 for D.Pharm course, the Basic educational qualification is SSLC for 2 years D.Pharm course and HSC (Science stream) for 1 year D.Pharm course. The Educational Regulation 1991 for the D.Pharm course was notified on 11.7.1992 and came into full force in 1994. As per the Educational Regulation 1991 for D.Pharm course, a two year programme, the basic educational qualification for eligibility to the course is HSC with Science stream.

(ii). Medical Services Recruitment Board, the second respondent herein, notified 333 vacancies for the post of Pharmacist vide its Notification No.6/MRB/2016, dated 31.1.2016. A total number of 15703 applications were received. Out of which, 78 applicants have not mentioned their marks. Further, 301 candidates have applied with their SSLC marks alone. Since marks have been awarded to the candidates from the commencement of the course, the 78 candidates should also have been awarded with marks. (iii).

Since 301 candidates do not possess HSC marks, the Diploma marks and SSLC marks alone for all the candidates applied may be taken into consideration in the weightage of marks in the percentage of 50 and 20 respectively and the total weightage marks will be restricted to 70 as per the subclause (a) under clause (iii) of rule 3 method of recruitment prescribed in the G.O.(Ms).No.401, Health and Family Welfare (C2) Department, 16.12.

(iv). For the 78 candidates who have not mentioned their marks, if this Hon'ble Court permits, a time limit will be informed to them to submit their Diploma marks and if they submit the marks within the stipulated time, their applications will be taken for consideration.

As such the need to fill up the said post of Pharmacist is very essential, for welfare of the public."

4. Further, Government have also obtained the details of the marks available, (i). vide letter No.65520/BP(4)/2017, dated 20/10/2017, issued by the Director of Medical Education, Kilpauk, Chennai, which is extracted, hereunder:- S.No Queries raised Reply furnished 1.

From which year the course has been conducted Exact year from which the course is being conducted is not known.

But it is ascertained that the course is in existence from the year 1956.

Whether the candidates are awarded with marks or not The candidates are awarded with marks.

If they are awarded with marks, from which year the candidates are awarded with marks The candidates are awarded with marks from the date of commencement of the course.

Whether the marks statements can be provided to all the candidates who have completed the above course, now on request (from the year 1980 for the post of Pharmacist) yes 5.

What is the methodology adopted in those years in which marks have not been awarded to qualify a candidate for the course such as Grading System etc. A detailed reply may be furnished.

Not applicable to Diploma in Pharmacy course.

S.No Queries raised Reply furnished 6.

It has been ascertained that the minimum educational qualification for the above courses have been changed from SSLC to HSC at certain point of time.

Details regarding the same may be furnished.

Diploma in Pharmacy course (i). As per Education Regulations 1981, SSLC is the qualification to undergo 2 year programme and HSC (Science Stream) is the qualification with Physics, Chemistry and Mathematics or Biology to undergo 1st year programme.

(ii). Education Regulations 1991 came into force vide Pharmacy Council of India Notification in the Gazette of India, dated 11/7/1992.

The ER 1991 was introduced in the year 1993 with few colleges opting for this regulation but came into full force in the year 1994 with plus two (science stream) as the qualification with Physics, Chemistry and Mathematics or Biology as the eligible criteria for admission into D.Pharmacy.

Status report for the post of Pharmacist 1.

Name of the Post Pharmacist 2.

Number of vacancies as notified 3.

Number of writ petitioners 4.

Number of writ petitions filed 5.

Number of application received 15703 6.

With marks 15625 7.

Without marks 8.

Without marks Candidate who have completed before 1994 (1980 - 1993) under 1981 Regulation of which a. No. of candidates with only SSLC qualification

b. No. of candidates with SSLC and HSC qualification 9.

Candidates who have completed after 1994 with HSC qualification 14264 (ii).

Letter No.77574/PME/3/2017, dated 20/10/2017, is extracted hereunder:- S.NO .

PARTICULARS CALLED FOR REPLY FURNISHED 1.

From which year the course has been conducted?

In G.O.Ms.No.1438 Health and Family Welfare Department, dated 28/7/1987, the Government have issued orders regulating the conduct of certain courses inclusive of Laboratory Technician Course (CMLT) for the private managements/organisation who could start/run such para Medical courses in Tamil Nadu.

Whether the candidates are awarded with marks or not?

Yes. The candidates have been awarded with marks.

If they are awarded with marks from which year the candidates are awarded with marks?

Marks are awarded for CMLT candidates from the starting of the course. The details of marks in respect of the candidates who have passed CMLT course are available from 1997 onwards.

S.NO .

PARTICULARS CALLED FOR REPLY FURNISHED 4.

Whether the mark statement can be provided to all the candidates who have completed the above courses, now on request? - Candidates from the year 1980 for the post of Pharmacist, from 1986 for the post of Lab Technician Grade - II and from the year 1981 for the post Lab Technician Grade - II and from the year 1981 for the post Lab Technician Grade - III have applied for the respective posts.

The mark statement can be provided to all the candidates who have completed CMLT course from 1997, now on request.

What is the methodology adopted in those years in which marks have not been awarded to qualify a candidate for the course such as Grading System etc?- detailed reply may be furnished.

Does not arise.

It has been ascertained that the minimum educational qualification for the above courses have been changed from SSLC to HSC at certain point of time.

Details regarding the same may be furnished.

From the year 1987 when admissions to CMLT course have been regularised, the minimum educational qualification for admission of the candidates to CMLT course is HSC (ie) + 2 Status report for the post of Lab Technician Grade - III 1.

Name of the Post Lab Technician Grade - III

Number of vacancies as notified 3.

Number of writ petitioners 4.

Number of writ petitions field 5.

Number of application received 6.

with marks 7.

without marks 8.

Candidates who have completed CMLT prior 1987 a.

With marks b.

without marks 9.

Candidates who have completed CMLT after 1987 upto 1996 a.

with marks b.

without marks 10.

Candidates who have completed CMLT from 1997 onwards and applied a.

with marks b.

without marks 11.

Candidates with other qualification (i.e., DMLT, PGLT, etc.) (iii). Letter No.77574/PME/3/2017, dated 20/10/2017, reads as hereunder:- S.No Particulars Called for Reply furnished 1.

From which year the course has been conducted?

DMLT course was stated in 2.

Whether the candidates are awarded with marks or not?

Yes. The candidates have been awarded with marks 3.

If they are awarded with marks, from which year the candidates are awarded with marks?

Marks are awarded for DMLT candidates from the first batch of candidates who have joined DMLT Course in 1994 and passed out in the year 1996.

S.No Particulars Called for Reply furnished 4.

Whether the mark statement can be provided to all the candidates who have completed the above courses, now on request? - Candidates from the year 1980 for the post of Pharmacist from 1986 for the post of Lab Technician Grade - II, and from the year 1981 for the psot Lab Technician Grade - III have applied for the respective posts.

The mark statement can be provided to all the candidates who have completed DMLT course from 1996 (first batch) now on request.

What is the methodology adopted in those years in which marks have not been awarded to qualify a candidate for the course such as Grading System etc? - A detailed reply may be furnished.

Does not arise 6.

It has been ascertained that the minimum educational qualification for the above courses have been changed from SSLC to HSC at certain point of time. Details regarding the same may be furnished.

From the first batch itself, the minimum educational qualification for admission of the candidates to DMLT course is HSC (i.e) +2.

Status report for the post of Lab-Technician Grade - II 1.

Name of the post Lab Technician Grade - II 2.

Number of vacancies as notified 3.

Number of writ petitioners 4.

No. of writ petitions filed 5.

Number of application received 6.

with marks 7.

without marks 8.

Candidates with DMLT qualification a.

with marks b.

without marks

Candidates with CMLT qualification a.

with marks b.

without marks 10.

Candidates with other qualification (i.e. other than DMLT and CMLT) 5.

After perusing the additional affidavit, dated 02.11.2017 and the materials, details of which, extracted supra, learned counsel for the petitioners in all writ petitions submitted that in the light of the above, the respondents to proceed further, with the notifications, under challenge, with a further direction to take note of the fact that persons, who had completed 10th and Higher Secondary courses, not proximate to the notifications, under challenge, would have been awarded lesser marks and those, who completed the above, proximate to the notifications, would have been awarded with higher marks and therefore, the same be directed to be considered by the Recruitment Agency, while implementing the weightage system. All the grounds of challenge to the notifications impugned, have been now given up, in the light of the subsequent affidavit, dated 02.11.2017, which the respondents could have submitted earlier, when they filed their counter affidavits to the writ petitions.

Submission of the learned counsel for the petitioners that selection as notified be proceeded with, is placed on record.

In P.U.Joshi v. Accountant General reported in (2003) 2 SCC 632, the Hon'ble Supreme Court, held as follows: "10.We have carefully considered the submissions made on behalf of both parties. Questions relating to the constitution, pattern, nomenclature of posts, cadres, categories, their creation/ abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of policy is within the exclusive discretion and jurisdiction of the State, subject, of course, to the limitations or restrictions envisaged in the Constitution of India and it is not for the statutory tribunals, at any rate, to direct the Government to have a particular method of recruitment or eligibility criteria or avenues of promotion or impose itself by substituting its views

for that of the State. Similarly, it is well open and within the competency of the State to change the Rules relating to a service and alter or amend and vary by addition /substraction the qualifications, eligibility criteria and other conditions of service including avenues of promotion, from time to time, as the administrative exigencies may need or necessitate. Likewise, the State by appropriate Rules is entitled to amalgamate departments or bifurcate departments into more and constitute different categories of posts or cadres by undertaking further classification, bifurcation or amalgamation as well as reconstitute and restructure the pattern and cadres/ categories of service, as may be required from time to time by abolishing the existing cadres/posts and creating new cadres/posts.

There is no right in any employee of the State to claim that Rules governing conditions of his service should be forever the same as the one when he entered service for all purposes and except for ensuring or safeguarding rights or benefits already earned, acquired or accrued at a particular point of time, a government servant has no right to challenge the authority of the State to amend, alter and bring into force new Rules relating to even an existing service."

In the light of the submissions of both parties and decisions, cited supra, it is not necessary for this Court to advert to each and every ground of challenge, made in the writ petitions. Contention of the learned counsel for the petitioners, as to how, marks should be awarded under the weightage system, should be done, cannot be countenanced, and it is for the respondents to give effect to the weightage system to select the candidates, in accordance with law. 9.

Having regard to the letter, dated 02.11.2017, of the Director of Medical Education, Chennai, addressed to Medical Services Recruitment Board, Chennai, Tamil Nadu Medical Services Recruitment Board, is directed to obtain the marks of the candidates from the Director of Medical Education/King's Institute/Any other Institute, wherever it is available and proceed with the selection, on merits and in accordance with law.

In the result, the Writ Petitions are disposed of. Interim orders granted earlier, in all the writ petitions, are vacated. No costs. Consequently, connected Miscellaneous Petitions are closed.

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

1. The Secretary to Government State of Tamil Nadu Health & Family Welfare Department Fort St. George Chennai 9.

2.The Director of Medical & Rural Health Service DMS Campus Anna Salai Teynampet Chennai-6 3.The Director of Public Health DMS Campus Anna Salai Teynampet Chennai-16 4.The Director of Medical Education Kilpauk Chennai-10 5.The Chairman Medical Services Recruitment Board DMS Campus Anna Salai Teynampet Chennai-6 6.The Director officer of the Public health and Preventive Medicine 7.The Mission Director State Rural Health Mission and State Health Society Tamil nadu DMS Campus Chennai-06

8.The Secretary to Government of Tamil Nadu Labour and Employment Department Fort St.George Chennai-09 9.The Special Commissioner and Commissioner Department of Employment and Training Guindy Chennai-32 10.The Additional Director (PHCs) Nodal Officer Rashtriya Bal Swasthya Karyakram Tamil Nadu DMS Campus Chennai 600 006 11.The Member Secretary Tamil Nadu Medical Services Recruitment Board (MRB) 7th floor DMS Building 359 Anna Salai Chennai-6 12.The District Employment Officer Department of Employment and Training Virudhunagar 13.The Secretary for health and Family Welfare (C2) Department George Fort Chennai-9 14.The Deputy Director District Employment office Krishnagiri +2 ccs to Mrs.M.Srividhya Advocate sr 78636,78637 +1 cc to Ms.R.Meenal Advocate sr 78556 +2 ccs to Mr.G.Sankaran Advocate sr 78531 +1 cc to Mr.R.Jayaprakash Advocate sr 78730 W.P.No.25786 of 2015 W.P.(MD)No.5209 of 2015 W.P.Nos.5469, 5705, 5707 to 5510, 5762 to 5764, 5889, 6039, 7547, 7585, 7586, 8031 and 9311 of 2016 and Connected Miscellaneous Petitions aa07/11/2017