V.Priyadevi v. The State Of Tamil Nadu

W.P.(MD) No.20838 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.20838 of 2019 and W.M.P.(MD)Nos.17428 & 17429 of 2019 Priyadevi ... Petitioner -Vs1.The State of Tamil Nadu Represented by its Principal Secretary to Government Health and Family Welfare Department Fort St.George Chennai 600 009 2.The Member Secretary Medical Services Recruitment Board (MRB) 7th Floor, DMS Building 359, Anna Salai Teynampet Chennai 600 006 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 herein to include the petitioner's name in the Provisional Selection list for the post of 'Nurses' pursuant to the Notification No.02/MRB/2019, dated 07.02.

2019 and consequently, directing the first respondent herein to appoint the petitioner as Nurse by following communal rotation and based on her cut off marks in any one of the 2345 vacancies now available in the first respondent department, within the stipulated time as fixed by this Court. For Petitioner : Mr.S.Bharathy Kannan For R1 : Mr.V.R.Shanmuganathan Special Government Pleader For R2 : Mr.T.S.

ORDER

This Writ petition has been filed for a direction to the respondents 1 and 2 herein to include the petitioner's name in the Provisional Selection list for the post of 'Nurse', pursuant to the Notification No.02/MRB/2019, dated 07.02.2019 and consequently, directing the first respondent herein to appoint the petitioner as Nurse, by following communal rotation and based on her cut-off marks in any one of 2345 vacancies, now available in the first respondent department, within a stipulated time as fixed by this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.20838 of 2019 2.Today, when the matter is taken up for hearing, the learned Special Government Pleader appearing for the first respondent submitted that the cut-off marks fixed for B.C. Candidates for the post of Nurse is 64.5. The petitioner belongs to B.C. candidate and she has secured only 53 marks. Hence, the petitioner has not come within the zone of consideration and she is not entitled for selection to the post of 'Nurse'.

3.Recording the abovesaid submission made by the learned Special Government Pleader, this Writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) msa To The Principal Secretary to Government The State of Tamil Nadu Health and Family Welfare Department Fort St.George Chennai 600 009.

+1 CC to M/s.R.KRSHNANA, Advocate SR-89879.

+1 CC to M/s.T.S.MOHAMED MOHIDEEN, Advocate SR-89616. +1 CC to GP SR-90213.

+1 CC to M/s.S.BHARATHY KANNAN, Advocate SR-90427. W.P.(MD) No.20838 of 2019 and W.M.P.(MD)Nos.17428 & 17429 of 2019 26.09.2019 CS(23.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2