Madras High CourtWP/2115/2016disposed of

J.Sharmila, v. The Commissioner,

2017-07-19Honourable Mr Justice S.M. Subramaniam9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19-07-2017

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.2115 of 2015 And WMP Nos.1842, 1843, 38449 of 2016 and 4687 of 2017 1.J.Sharmila 2.M.Manigandan 3.P.Vadivel 4.R.Rajapandiyan 5.S.Vinoth 6.K.Parthasarathi 7.B.Thanuskodi 8.B.Ramani 9.R.Prasath 10.A.Jeeganathan 11.M.Poomalai 12.T.Rajesh Kannan 13.A.Nithya 14.M.Prem Kumar 15.R.Mani 16.G.Rajalingam 17.J.Divya 18.S.Princymeesia 19.M.Vimala 20.S.Kalaiselvan 21.M.Thiruppathi 22.S.Indiyas 23.A.Yuvaraj 24.C.Deepika 25.V.Viswanathan 26.R.Palkunavijayasundhari 27.R.Selvakumar 28.G.Gomathi 29.B.Azhagudhivya 30.K.Gayathri 31.Y.Manjith 32.M.Janani 33.R.Aruchamy 34.D.Pragadeshwaran 35.D.Tamilmozhi 36.P.Thilagaraj 37.R.Arunkumar 38.C.Suresh 39.B.Easwaran

40.R.Karthick 41.S.Jayaseelan ..

Petitioners vs.

1.The Commissioner Chennail Municipal Corporation, Rippon Buildings Chennai-600 003.

2.The Commissioner/Director of Municipal Administration, Chepauk, Chennai-600 005.

3.The Principal Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.

4.The Principal Secretary, Health and Family Welfare Department, Fort St. George, Chennai-600 009.

5.The Director, Directorate of Public Health and Preventive Medicine, DMS Complex, Teynampet, Chennai-600 006.

6.The Director of Town Panchayats, Kuralagam, Chennai-600 108.

7.Madurai Kamaraj University, Represented by the Registrar, Palkalai Nagar, Madurai-625 021.

8.WASH Institute, Represented by the Treasurer, Katiranampatti Pirivu, Reddiar Chatram, Dindigul.

9.P.Selvamurugan 10.L.Joseph Christopher

11.B.Venkatsurya 12.P.Ramachandran 13.A.Venkatesan 14.T.Balasubramaniyan 15.M.Kandasamy 16.E.Naveenkumar 17.R.Bagavathi 18.V.Balamurugan 19.S.Regi Jenitha 20.S.Bharathi 21.M.Poongothai 22.P.Thirumayee 23.J.Shanmugasundhari 24.K.Ramya 25.M.Dharani 26.G.Uma Maheswari 27.P.Alagu Jothi 28.S.Nagajothi 29.M.Mohana Priya 30.P.Siva Shanmugapriya 31.N.Murugeshwari 32.T.Uma Maheswari 33.V.Geetha 34.N.Sangeetha 35.B.N.Meena 36.M.Ramkumar

37.M.Balavelayutham 38.A.Vinoth Antony 39.R.Nagaraj 40.P.Prasanth 41.A.Jeyakumar 42.G.Pandian 43.B.Pavithran 44.G.Muthuraja 45.M.Prasanthkumar 46.K.Sadam Hussain 47.S.Anthony Philip 48.R.Eswaran 49.T.Manikandan 50.A.Parthiban 51.R.Rajavel 52.K.Tamilselvan 53.G.Veeraparthiran 54.A.Appuraja 55.P.Nagarajan 56.R.Ranjith 57.M.Ramanathan 58.B.Sanjeevi 59.R.Chitra Mayil 60.R.Rajkumar 61.M.P.Gopinath

62.P.Nagarajan 63.T.Sundaramoorthy (R-9 to R-63 impleaded as per order of Court dated 19.7.2017 in WMP Nos.23650 of 2016 and 15611 of 2017 in WP 2115 of 2016) ..

Respondents This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Declaration declaring that the PG Diploma in Environmental Science offered by Madurai Kamaraj University through the WASH Institute is equivalent to PG Diploma in Sanitary Inspectors Course conducted by Government and institutions recognised by Government as prescribed in the Chennai Corporation Health, Malaria and Family Welfare Department Subordinate Services Byelaws, 2009, and consequently direct the respondents 1 to 6 to consider and appoint the petitioners herein to the post of Sanitary Inspectors with the Corporation of Chennai pursuant Notification No.001 dated 13.12.2015 of the Corporation of Chennai.

For Petitioner : Dr.V.Suresh For Respondent-1 : Mr.G.Anantha Rangan For Respondents-2 to 6 : Mr.S.Gunasekaran, Additional Government Pleader.

For Respondent-7 : Ms.H.Mary Sowmi Rexi for M/s.Isaac Chambers.

For Respondents-9 to 60: Mr.S.Ilamvaludhi For Respondents-61 to63: Mr.K.Srinivasamurthy

O R D E R

The relief sought for in this writ petition is for a direction to declare the PG Diploma in Environmental Science offered by Madurai Kamaraj University through the WASH Institute is equivalent to PG Diploma in Sanitary Inspectors Course conducted by Government and institutions recognised by Government as prescribed in the Chennai Corporation Health, Malaria and Family Welfare Department Subordinate Services Byelaws, 2009 and consequently direct the respondents 1 to 6 to consider and appoint the petitioners herein to the post of Sanitary Inspectors with the Corporation of Chennai pursuant to

Notification No.001 dated 13.12.2015 of the Corporation of Chennai.

2. The learned counsel appearing for the writ petitioner, even during the commencement of his arguments on merits, brought to the notice of this Court that the grievances of the writ petitioners were taken to the notice of the Government and the Government passed an order in G.O.Ms.No.107, Health and Family Welfare (N1) Department, dated 13.4.2017 and the Government, while considering the issue of equivalence in respect of the Courses offered by the Private Institutions/Universities/Deemed Universities, passed the following orders in paragraphs 3 and 4, which reads as under:- "3.

(i) To approve the draft guidelines and syllabus of the abovesaid course;

(ii) Procedural requirement for applying the abovesaid course conducted by private institutions including Gandhigram Rural Institute, and (iii) To conduct the above examinations as Chairman, Board of Examinations.

4. The Government after careful consideration, accept the proposal of the Director of Public Health and Preventive Medicine and accordingly the Government hereby authorise the Director of Public Health and Preventive Medicine to:

(i) approve the new guidelines and syllabus of the Multi Purpose Health Worker (Male)/Health Inspector/Sanitary Inspector course offered by Private

Institution/Trust/Universities/Deemed Universities.

(ii) adopt the new procedural requirement if any for applying the abovesaid course conducted by Private Institutions/Trust/Universities/ Deemed Universities including Gandhigram Rural Institute; and (iii) to conduct the above examinations as Chairman, Board of Examinations for the courses conducted by the above institutions."

3. Pursuant to the above Government Order, the Director of Public Health and Preventive Medicine, issued a letter to the Director, Water, Sanitation and Hygiene (WASH) Institute (R-8), in proceedings dated 7.6.2017, reads as under: "1. approve the new guidelines and syllabus of the MPHW(Male)/Health Inspector/ Sanitary Inspector Course offered by Private Institution/ Trust/Universities/Deemed Universities.

2. adopt the new procedural requirement if any for applying the abovesaid course conducted by Private Institutions/ Trust/ Universities/Deemed Universities including Grandhigram Rural Institute; and

3. to conduct the above examinations as Chairman, Board of Examinations for the courses conducted by the above institutions."

4. Since the Government has taken note of the grievances and taken appropriate steps to consider the issues on merits and in accordance with law, it is fair to allow the authorities to take a decision in this regard by issuing comprehensive orders in respect of the grievances set out in this writ petition.

5. At this point of time, the learned counsel appearing for the respondent contended that the impleaded respondents are fully qualified for their appointment to the post of Sanitary Inspectors and the petitioners' eligibility for appointment is in question. Further they brought to the notice of this Court that the candidates have participated in the written examination and waiting for their results.

6. In view of the interim order granted in this writ petition, results are unable to be published. May that it be, this Court is not inclined to consider the issues involved in this writ petition, in view of the fact that the Government has already undertaken the work of deciding the eligibility, equivalence and other criteria.

7. In this view of the matter, this Court is of the opinion that the Competent Authorities shall take appropriate steps to consider all the issues in the light of G.O.Ms.No.107, Health and Family Welfare (N1) Department, dated 13.4.2017 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after providing opportunity to all concerned and the writ petitioners are at liberty to submit their representations in this regard to the Competent Authorities, explaining their grievances for redressal.

8. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Svn To 1.The Commissioner Chennail Municipal Corporation, Rippon Buildings Chennai-600 003.