I. Mayilvahanan v. The Principal Secretary To The Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)Nos.25291, 5618, 5619, 5982 and 28509 of 2024 and W.M.P(MD) Nos.5325, 5320 and 5635 of 2024 W.P(MD) No.25291 of 2024:
I.Mayilvahanan ... Petitioner Vs.
1. The Principal Secretary to the Government, Department of Health and Family Welfare (L1) Department, Fort St. George, Chennai - 9.
2. The Principal Secretary to the Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 9.
3. The Director of Municipal Administration, Chepauk, Chennai - 5.
4. The Director of Town Panchayats, Urban Administrative Campus, Chennai - 28.
5. The Commissioner, Greater Chennai Corporation, Chennai.
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6. The Managing Director, TWAD Board, Chepauk, Chennai - 5.
7. The Managing Director, Chennai Metropolitan Water Supply and Sewarage Board,.
Chennai - 2.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to permit the petitioner to participate in the Recruitment to the post of Sanitary Inspector in pursuance to the Notification No.01/DMA/Recruitment/2024, dated 02.02.2024 issued by the fourth respondent by treating the educational qualification possessed by the petitioners i.e. B.Sc., (Chemistry) with Sanitary Inspector Course as eligible qualification for the post of Sanitary Inspector within the time period stipulated by this Court. For Petitioner : Mr.T.Aswin Raja Simman For R1 to R4 : Mr.T.Amjadkhan Government Advocate For R6 : Mr.B.Vijaykarthikeyan Standing Counsel For R5 and R7 : No appearance 2/17
W.P(MD) No.5618 of 2024:
1. D.Jegatheeswaran
2. G.Muthukumar
3. M.Ramalakshmanan
4. P.Babu
5. M.Balamurugan
6. N.Madhubalan
7. S.Jeevanandham
8. R.Kalimuthu
9. B.Kalyana Selvam
10. P.Hariharan
11. D.Deepa Remiciya Marry
12. T.Divya
13. D.Kowsalya
14. P.Sangeetha ... Petitioners Vs.
1. The Principal Secretary to the Government, Department of Health and Family Welfare (L1) Department, Fort St. George, Chennai - 9.
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2. The Principal Secretary to the Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 9.
3. The Director of Municipal Administration, Chepauk, Chennai - 5.
4. The Director of Town Panchayats, Urban Administrative Campus, Chennai - 28.
5. The Commissioner, Greater Chennai Corporation, Chennai.
6. The Managing Director, TWAD Board, Chepauk, Chennai - 5.
7. The Managing Director, Chennai Metropolitan Water Supply and Sewarage Board,.
Chennai - 2.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to permit the petitioners to participate in the Recruitment to the post of Sanitary Inspector in pursuance to the Notification No.01/DMA/Recruitment/2024, dated 02.02.2024 issued by the fourth respondent by treating the educational qualification possessed by the petitioners i.e. B.Sc., (Chemistry) with Sanitary Inspector Course as eligible qualification for the post of Sanitary Inspector within the time period stipulated by this Court. 4/17
For Petitioners : Mr.T.Aswin Raja Simman For R1 to R4 : Mr.T.Amjadkhan Government Advocate For R6 : Mr.B.Vijaykarthikeyan Standing Counsel For R5 and R7 : No appearance W.P(MD) No.5619 of 2024:
1. C.Sudharsan
2. S.Nantha Kumari
3. C.Sathya
4. L.Gayathiri
5. L.Soundharya
6. B.Kesavarajan
7. R.Anandharaja
8. K.Arun Kumar
9. M.Bharathi
10. A.Gowri
11. J.Robin Jose
12. M.S.Ponkumar 5/17
13. M.Sivachandran
14. V.Karthiyavalli
15. T.Karan
16. G.Navaneetha Krishnan
17. T.Sakthivel
18. A.Carmel Rejoe
19. R.Karthikmani
20. S.Yuvaraj
21. M.Madhavan
22. V.Vijayakumar
23. P.Prasanna
24. M.Prathipa
25. V.Priyadharshini
26. V.Rajkumar
27. S.Arun
28. L.Suresh Gopi
29. S.Kumaresan
30. M.Kalaiselvi 6/17
31. S.Kalaiselvi
32. O.Navaneethakrishnan
33. T.Yuvarajan
34. P.Indira
35. T.K.Tarunika
36. U.Gayathiri
37. K.Iniya
38. S.Deepika
39. J.Arul Josephine Birla
40. R.Valarmathi
41. R.Soniya
42. P.Ranjith
43. P.K.Tharanesh
44. C.Rathina Ganesh
45. G.Praveen
46. G.Ganesh
47. K.Saranya
48. S.Jenifer Maria
49. R.Rubista 7/17
50. A.Sathish
51. M.P.Madhubala ... Petitioners (Petitioners 6 and 39 are amended vide order of this Court dated 10.01.2025 in W.M.P(MD) Nos.23639 and 23640 of 2024 in W.P(MD) No.
5619 of 2024) Vs.
1. The Principal Secretary to the Government, Department of Health and Family Welfare (L1) Department, Fort St. George, Chennai - 9.
2. The Principal Secretary to the Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 9.
3. The Director of Municipal Administration, Chepauk, Chennai - 5.
4. The Director of Town Panchayats, Urban Administrative Campus, Chennai - 28.
5. The Commissioner, Greater Chennai Corporation, Chennai.
6. The Managing Director, TWAD Board, Chepauk, Chennai - 5.
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7. The Managing Director, Chennai Metropolitan Water Supply and Sewarage Board,.
Chennai - 2.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to permit the petitioners to participate in the Recruitment to the post of Sanitary Inspector in pursuance to the Notification No.01/DMA/Recruitment/2024, dated 02.02.2024 issued by the fourth respondent by treating the educational qualification possessed by the petitioners i.e. B.Sc., (Chemistry) with Sanitary Inspector Course as eligible qualification for the post of Sanitary Inspector within the time period stipulated by this Court. For Petitioners : Mr.T.Aswin Raja Simman For R1 to R4 : Mr.T.Amjadkhan Government Advocate For R6 : Mr.B.Vijaykarthikeyan Standing Counsel For R5 and R7 : No appearance W.P(MD) No.5982 of 2024:
1. S.Hariprakash
2. T.Kokaleeswaran
3. C.Bharathiraja 9/17
4. M.Zubair Agamed ... Petitioners Vs.
1. The Principal Secretary to the Government, Department of Health and Family Welfare (L1) Department, Fort St. George, Chennai - 9.
2. The Principal Secretary to the Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 9.
3. The Director of Municipal Administration, Chepauk, Chennai - 5.
4. The Director of Town Panchayats, Urban Administrative Campus, Chennai - 28.
5. The Commissioner, Greater Chennai Corporation, Chennai.
6. The Managing Director, TWAD Board, Chepauk, Chennai - 5.
7. The Managing Director, Chennai Metropolitan Water Supply and Sewarage Board,.
Chennai - 2.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to 10/17
permit the petitioners to participate in the Recruitment to the post of Sanitary Inspector in pursuance to the Notification No.01/DMA/Recruitment/2024, dated 02.02.2024 issued by the third respondent by treating the educational qualification possessed by the petitioners i.e. B.Sc., (Chemistry) with Sanitary Inspector Course as eligible qualification for the post of Sanitary Inspector within the time period stipulated by this Court. For Petitioners : Mr.T.Aswin Raja Simman For R1 to R4 : Mr.T.Amjadkhan Government Advocate For R6 : Mr.B.Vijaykarthikeyan Standing Counsel For R5 and R7 : No appearance W.P(MD) No.28509 of 2024:
1. K.Vijayalakshmi
2. K.Nandhini
3. S.Sarmila ... Petitioners Vs.
1. The Principal Secretary to the Government, Department of Health and Family Welfare (L1) Department, Fort St. George, Chennai - 9.
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2. The Principal Secretary to the Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 9.
3. The Director of Municipal Administration, Chepauk, Chennai - 5.
4. The Director of Town Panchayats, Urban Administrative Campus, Chennai - 28.
5. The Commissioner, Greater Chennai Corporation, Chennai.
6. The Managing Director, TWAD Board, Chepauk, Chennai - 5.
7. The Managing Director, Chennai Metropolitan Water Supply and Sewarage Board, Chennai - 2.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to permit the petitioners to participate in the Recruitment to the post of Sanitary Inspector in pursuance to the Notification No.01/DMA/Recruitment/2024, dated 02.02.2024 issued by the fourth respondent by treating the educational qualification possessed by the petitioners i.e. B.Sc., (Chemistry) with Sanitary Inspector Course as eligible qualification for the post of Sanitary Inspector within the time period stipulated by this Court. 12/17
For Petitioners : Mr.T.Aswin Raja Simman For R1 to R4 : Mr.T.Amjadkhan Government Advocate For R6 : Mr.R.Satheesh Standing Counsel C O M M O N O R D E R The instant writ petitions have been filed by the aspirants to the post of Sanitary Inspectors seeking a Mandamus to permit them to participate in the recruitment process, pursuant to the Notification dated 02.02.2024 issued by the Municipal Administration and Water Supply Department.
2. The petitioners herein have acquired B.Sc., (Chemistry) degree and according to them, they are qualified as per the old Service Rules. However, under the amended Service Rules, apart from Chemistry candidates should possess Zoology also. Since the petitioners apprehend that they would not be permitted to participate in the recruitment process, the present writ petitions came to be filed.
3. The Hon'ble Division Bench had an occasion to consider the writ petitions filed with similar prayer in the Principal Bench of this Court, 13/17
wherein, the Deputy Secretary to the Government had filed a status report in W.P.Ns.6978 of 2024 batch cases, dated 18.12.2024 and the relevant paragraph Nos 2 and 3 are extracted as follows:
2. Now, the Deputy Secretary to the Government, Municipal Administration and Water Supply Department, has filed a status report. In paragraph 6 of the said status report, it reads as follows:
"Hence, it is respectfully submitted that as the new rules came into force w.e.f.
13.04.2023, the Hon'ble High Court may be pleased to issue suitable directions that the applications who have acquired qualifications prior to the notification of the existing rules (Tamil Nadu Urban Local Bodies Rules, 2023) may be considered for the post of Sanitary Inspector by taking into account the qualifications prescribed in the respective rules (Tamil Nadu Municipal Public Health Service Regulations, 1970 and the Tamil Nadu Urban Local Bodies Rules, 2023), as a one-time measure for this subject recruitment process."
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3. The learned Advocate General appearing for the respondents would also make a statement that all those persons who have taken the examination pursuant to the notice dated 02.02.2024 will be considered for appointment as per the old Rules. Therefore, the challenge does not survive in effect.
4. In view of the above said facts that the petitioners, having been permitted to participate in the Recruitment process, no further adjudication is called for in these writ petitions.
5. Accordingly, these Writ Petitions are disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed. 10.01.2025 NCC : Yes/No 3/3 Index : Yes / No Internet : Yes / No ebsi 15/17
To
1. The Principal Secretary to the Government, Department of Health and Family Welfare (L1) Department, Fort St. George, Chennai - 9.
2. The Principal Secretary to the Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 9.
3. The Director of Municipal Administration, Chepauk, Chennai - 5.
4. The Director of Town Panchayats, Urban Administrative Campus, Chennai - 28.
5. The Commissioner, Greater Chennai Corporation, Chennai.
6. The Managing Director, TWAD Board, Chenpauk, Chennai - 5.
7. The Managing Director, Chennai Metropolitan Water Supply and Sewarage Board,.
Chennai - 2.
16/17
R.VIJAYAKUMAR,J.
ebsi W.P(MD)Nos.25291, 5618, 5619, 5982 and 28509 of 2024 10.01.2025 3/3 17/17