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Madras High CourtWP/34215/2019disposed of

M.S.Sheena v. Government Of Tamil Nadu

2019-12-16Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2019 CORAM :

THE HON'BLE MR. JUSTICE N.ANAND VENKATESH W.P.No.34215 of 2019 M.S.Sheena

...Petitioner

Vs.

1.Government of Tamil Nadu, Rep. by its Secretary, Health and Family Welfare Department, Fort St. George, Chennai 600 009.

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

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to verify the petitioner's certificates sent through the Speed Post with acknowledgement to the 2nd respondent on 04.09.2019 within a date fixed by this Hon'ble Court and appoint the petitioner as Staff Nurse (SNCU) as per notification No.1/MRB/2019, dated 06.02.2019 and pass suitable orders. For Petitioner : Mr.A.R.Nixon For Respondent : Mrs.K.Bhuvaneswari for R1, Additional Government Pleader.

Mr.M.Loganathan for R2 Standing Counsel (Medical Services Recruitment Board)

O R D E R

This writ petition has been filed for issuance of Writ of Mandamus directing the respondents to verify the certificates that were submitted by the petitioner to the second respondent towards the selection to the post of Staff Nurse. Page No.1/3

2.The case of the petitioner is that the Medical Services Recruitment Board had issued a notification on 06.02.2019 to fill up 520 vacancies to the post of Nurses. The petitioner had also applied for the said post and she was called for written examination and the petitioner took the written examination and scored 48.50 marks. After this examination, the Medical Services Recruitment Board had published in the website, the date on which the candidates will have to submit the certificates and other documents for verification. According to the petitioner, she has sent all the relevant documents to the Medical Services Recruitment Board on 04.09.2019 itself through speed post.

The grievance of the petitioner is that there is absolutely no response from the Medical Services Recruitment Board and the same has been kept in dark and therefore, the present writ petition has been filed before this Court. 3.Heard Mr.A.R.Nixon, learned counsel appearing for the petitioner, Mrs.K.Bhuvaneswari, learned Additional Government Pleader, appearing on behalf of the first respondent and Mr.M.Loganathan, learned Standing Counsel appearing for the second respondent-Medical Services Recruitment Board and perused the materials placed on record.

4.The learned counsel appearing on behalf of the Medical Services Recruitment Board submitted that after the verification of the certificates, a final list was also been prepared. However, the name of petitioner does not find place in the final list. The learned counsel further submitted that it is not known as to whether this was due to the reason that the petitioner did not submit the relevant documents or the petitioner was not found eligible on merits.

5.In view of the above developments, there shall be a direction to the second respondent to consider the representation made by the petitioner and inform the petitioner with regard to the certificates and other documents that were sent by her through speed post for verification and intimate her if she has been selected or rejected and the reasons for the same. Only with this information, the petitioner will be able to workout her remedy, if in case, she has not been selected. This whole exercise shall be completed within a period of two weeks from the date of receipt of copy of this order. The petitioner is directed to give a fresh representation to the second respondent along with a copy of this order. Page No.2/3

6.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rm 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.

3.The Public Prosecutor High Court, Madras.

+1cc to Mr.A.R.Nixon, Advocate sr.104401 +1cc to Mr.M.Loganathan, Advocate sr.104685 +1cc to Government Pleader SR.NO. 10489 W.P.No.34215 of 2019 nr 17/12/2019 Page No.3/3