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Madras High CourtWP/17157/2021disposed of

V.Arunkumar v. The State Of Tamilnadu

2024-03-19Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2024

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.17157 of 2021 and W.M.P.No.18178 of 2021 V.Arunkumar ...

Petitioner /vs/

1. The State of Tamil Nadu, Represented by its Secretary, Government for Health and Family Welfare Department, Secretariat, Chennai - 9.

2. The Director, Public Health and Preventive Medicines, No.359, Anna Salai, Teynampet, Chennai.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus to direct the respondents to appoint the petitioner to the post of Health Inspector Grade-II and Sanitary Inspector.

For Petitioner ... Mr.G.Shanmugam For Respondents ... Mr.E.Sundaram Government Advocate

ORDER

Heard Mr.G.Shanmugam, the learned counsel for the petitioner and Mr.E.Sundaram, the learned Government Advocate for the respondents.

2. The petitioner has filed this writ petition seeking a writ of mandamus directing the respondents to appoint him to the post of "Health Inspector Grade-II and Sanitary Inspector".

3. The petitioner is qualified to the post of "Health Inspector GradeII" and Sanitary Inspector" and he had applied to the said post in pursuant to the notification calling for applications for filling up for the post of "Health Inspector Grade II and Sanitary Inspector". Earlier, the unemployed Sanitary and Health Inspectors Training Graduates Welfare Association have filed a writ petition in W.P.No.25673 of 2013 for seeking a direction to consider them to the appointment to the vacancies in the post of "Health Inspector Grade I" and "Sanitary Inspector" and in the said writ petition, an order has been passed to consider the claim of the petitioners.

4. Mr.G.Shanmugam, the learned counsel for the petitioner, submitted that despite there are 334 vacancies, the candidates who possess the qualification of Diploma in Sanitation awarded by the Pondicherry Central University, was not considered; the petitioner as well as other persons who have applied to the said post have lost their eligible age also due to age bar; hence the petitioner has given a representation to the respondents to appoint him to the post of Health Inspector Grade-II and Sanitary Inspector.

5. Mr.E.Sundaram, the learned Government Advocate, submitted that the department has sent a proposal to the Chairman, Medical Services Recruitment Board, Chennai to issue notification for the direct recruitment to fill up 334 posts of Multipurpose Health Worker (Male) in Tamil Nadu Public Health Subordinate Service through the Medical Service Recruitment Board with the candidates who have acquired the qualification as prescribed in G.O.(Ms) No.338, Health and Family Welfare (L1) Department dated 02.08.2019. It is further submitted that as and when the notification is issued by Medical Recruitment Board, the petitioner can

apply for appointment if he is qualified and participate in the selection process.

6. Even as per the submission of the learned counsel for the petitioner, the petitioner does not have the eligible age. In such case, he will have to place request to the Government to give any age relaxation in the event of his selection to the said post after having participated in the selection process.

7. With the above observation, this Writ Petition is disposed. No costs. Connected miscellaneous petition is closed. 19.03.2024 Index: Yes / No Speaking order / Non-speaking order bkn

To:

1. The Secretary, State of Tamil Nadu, Government for Health and Family Welfare Department, Secretariat, Chennai - 9.

2. The Director, Public Health and Preventive Medicines, No.359, Anna Salai, Teynampet, Chennai.

R.N.MANJULA ,J.

bkn 19.03.2024