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Madras High CourtWP/30809/2019disposed of

C.Thulasi Mani, v. Government Of Ftamil Nadu,

2019-11-01Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 01.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.30809 OF 2019 C.Thulasi Mani ... Petitioner Vs 1.

Government of Tamil nadu Represented by its Secretary Health and Family Welfare Department Fort. St. George Chennai- 600 009.

2.

The Medical Services Recruitment Board (MRB) Represented by its Secretary 7th Floor, D.M.S. Buildings, 359 Anna Salai, Teynampet Chennai- 600 006.

...Respondents

Prayer:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus or any other writ or order of similar directing the respondents to verify the petitioner's certificates sent on 03.09.2019 within a date fixed by this Hon'ble Court and appoint the petitioner as staff Nure as per notification No.1/MRB/2019, dated 06.02.2019. For petitioner ...

Mr.A.R.Nixon For respondents ...

Mr.Thambidurai, Spl.Government Pleader for R1 Mr.Loganathan, Government Advocate for R2

O R D E R

The petitioner filed this Writ Petition seeking to direct the respondents to verify the petitioner's certificates sent on 03.09.2019 within a date fixed by this Hon'ble Court and appoint the petitioner as staff Nure as per notification No.1/MRB/2019, dated 06.02.2019.

2. The case of the petitioner is that the petitioner is a registered nurse and working in Gokulam Hospital which contains 15 Nicu Beds. The 2nd respondent published notification to fill the vacancies of 520 nurses for Sick New Born care unit on contract and consolidate pay basis. The petitioner applied for the same post and paid prescribed fees. Thereafter the petitioner participated in the written examination and result was published. Subsequently the petitioner secured 52.50 marks. The second respondent published a list of candidates for verification and called for the members omitted in the list if they are eligible on or before 06.09.2019. Thereafter the petitioner sent a representation on 03.09.2019, however the respondent did not verify the petitioner's certificates as per the notification dated 30.08.2019. Hence the present Writ Petition is filed.

3. The learned counsel for the petitioner submitted that the respondent published a notification dated 30.08.2019 and the outer limit was fixed was on or before 06.09.2019. Thereafter the petitioner made a representation along with self attested copies for certificate verification but till date the representation was not considered hence this court may pass appropriate orders.

4. Mr. Thambidurai, learned Special Government appearing on behalf of the first respondent would submit that notification dated 30.08.2019 made it clear that the candidates who claim to be possessing the prescribed qualification for the post of Nurses (SNCU) but not called for certificate verification shall submit the representation along with self attested copies of qualification documents in the prescribed format on or before 06.09.2019. In the present case the petitioner did not make any representation however if any representation had been received as per the notification on or before 06.09.2019, appropriate orders will be passed.

5. On perusal of the entire records, it is seen that the notification dated 30.08.2019 made it clear that the candidates who possessed the prescribed qualification for the post of Nurses and not called for certification, they can submit a representation along with attested copies on or before 06.09.2019. In the present case, according to the respondent, the representation was not submitted however the petitioner

claimed that she had sent the certificates on 03.09.2019 itself. Therefore, if any certificate submitted by the petitioner is available on record, the authorities may pass appropriate orders in accordance with law. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar MRN To 1.

The Secretary, Government of Tamil nadu, Health and Family Welfare Department, Fort St.George, Chennai- 600 009.

2.

The Secretary, The Medical Services Recruitment Board (MRB) 7th Floor, D.M.S. Buildings, 359 Anna Salai, Teynampet, Chennai- 600 006.

+1cc to Mr.A.R.Nixon, Advocate, S.R.No.90885 +1cc to the Government Pleader, S.R.No.91101 W.P.No.30809 of 2019 SVI(CO) CS/13/12/2019