Madras High CourtWP(MD)/21527/2017disposed of

P.Mujeethabai, v. The Principal Secretary

2019-08-20Honourable Mr Justice D. Krishnakumar7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and W.M.P.(MD)Nos.2470 to 2472 of 2019 in W.P.(MD)No.3161 of 2019 and W.M.P.(MD)Nos.2473 to 2476 of 2019 in W.P.(MD)No.3163 of 2019 W.P.(MD)No.21527 of 2017:- P.Mujeethabai Arumbakkam, Chennai.

[R4 impleaded vide order dated 30.04.2019, made in W.M.P.(MD)No.8264 of 2019] call for the records on the file of the third respondent in connection with the impugned provisional selection list for the post of Assistant Medical Officer (Siddha) published vide his Notification No.06/MRB/2017, dated 16.11.2017 and the consequential impugned order of posting made by the fourth respondent herein, vide his proceedings in Ref.No.13481/E1/2/2017, dated 16.08.2018, quash 1/7

the both as illegal and unconstutional and thereby, direct the respondents 1 to 3 to prepare fresh selection list as per the Rule of Reservation by fixing cut-off marks based on communal categories and thereby, appoint the petitioner in the post of Assistant Medical Officer (Siddha) either under the category of Scheduled Caste Community (General) or Scheduled Caste (Women) based on the marks secured by the petitioner in the written examination, within the time limit that may be fixed by this Court with all service and monetary benefits.

[Prayer amended vide order dated 30.04.2019 made in W.M.P.(MD) No.8754 of 2019] : Mr.G.Thalaimutharasu For R1, R2 and R4 For R3 W.P.(MD)No.21528 of 2017:- P.Palavesakumar Arumbakkam, Chennai.

[R4 impleaded vide order dated 30.04.2019, made in 2/7

W.M.P.(MD)No.8263 of 2019] call for the records on the file of the third respondent in connection with the impugned provisional selection list for the post of Assistant Medical Officer (Siddha) published vide his Notification No.06/MRB/2017, dated 16.11.2017 and the consequential impugned order of posting made by the fourth respondent herein, vide his proceedings in Ref.No.13481/E1/2/2017, dated 16.08.2018, quash the both as illegal and unconstutional and thereby, direct the respondents 1 to 3 to prepare fresh selection list as per the Rule of Reservation by fixing cut-off marks based on communal categories and thereby, appoint the petitioner in the post of Assistant Medical Officer (Siddha) either under the category of Scheduled Caste Community (General) or Scheduled Caste (Women) based on the marks secured by the petitioner in the written examination, within the time limit that may be fixed by this Court with all service and monetary benefits.

[Prayer amended vide order dated 30.04.2019 made in W.M.P.(MD) No.8755 of 2019] : Mr.G.Thalaimutharasu For R1, R2 and R4 For R3 W.P.(MD)No.3161 of 2019:- Dr.R.Palraj 3/7

Arumbakkam, Chennai - 600 106.

5.Dr.V.Ramadass call for the records on the file of the third respondent in pursuant to the impugned provisional selection list for the post of Assistant Medical Officer (Siddha) published vide his Notification No.06/MRB/2017, dated 16.11.2017 and the subsequent impugned order of posting issued by the fourth respondent, vide his proceedings in Ref.No.15481/E1/2/2017, dated 16.08.2018, quash the both as illegal and unconstutional and consequently, direct the respondents to prepare fresh selection list as per the Rule of Reservation by fixing cut-off marks for different communal categories and thereby, appoint the petitioner in the post of Assistant Medical Officer (Siddha) either under the category of Scheduled Caste Community based on the marks secured by the petitioner in the written examination, within the time limit that may be fixed by this Court with all service and monetary benefits.

: Mr.D.Selvanayagam For R1, R2 and R4 For R3 W.P.(MD)No.3163 of 2019:- Dr.M.Suganthi 1.The State of Tamil Nadu, Rep. by its Principal Secretary, 4/7

2.Medical Services Recruitment Board (MRB), Rep. by its Member Secretary, 3.The Director of Indian Medicine and Homeopathy (FAC), Arumbakkam, Chennai - 600 106.

4.Dr.V.Ramadass call for the records on the file of the second respondent in connection with the impugned provisional selection list for the post of Assistant Medical Officer (Siddha) published vide his Notification No.06/MRB/2017, dated 16.11.2017 and the consequential impugned order of posting made by the third respondent, vide his proceedings in Ref.No.15481/E1/2/2017, dated 16.08.2018, quash the both as illegal and unconstutional and thereby, direct the respondents 1 to 3 to prepare fresh selection list as per the Rule of Reservation by fixing cut-off marks based on communal categories and thereby, appoint the petitioner in the post of Assistant Medical Officer (Siddha) either under the category of Scheduled Caste Community (General) or Scheduled Caste (Women) based on the marks secured by the petitioner in the written examination, within the time limit that may be fixed by this Court with all service and monetary benefits.

: Mr.K.Gurunathan For R1 and R3 For R2 COMMON ORDER Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioners in all the Writ Petitions submitted before this Court that though the Writ Petitions are filed for a larger relief, they restricted their relief only to direct the respondents to consider the petitioners' claim for appointment to the post of Assistant Medical Officer (Siddha) under the category of Scheduled Caste Community, subject to the availability of the vacancies in the Department as on today. They further submitted that the petitioners are fully eligible for the said post as per the 5/7

notification issued by the respondent Department. 2.In response to the above said submission, the learned Additional Advocate General appearing for the Medical Services Recruitment Board, submitted that if the petitioners are otherwise eligible, their claim will be considered by the respondents, subject to the availability of vacancies in the Department as on today. 3.Recording the above said submissions, the respondents are directed to consider the petitioners' claim for appointment to the post of Assistant Medical Officer (Siddha) under the Scheduled Community Category, subject to the availability of vacancy as on today, if they are otherwise eligible, based on the certificate verification, as expeditiously as possible, in any event, not later than 12 weeks from the date of receipt of a copy of this order. It is made clear that the petitioners have satisfied the relevant norms and conditions as per the recruitment notification issued by the respondent Department.

4.These Writ Petitions are disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) smn2 To 6/7

Arumbakkam, Chennai.

+1 CC to M/s.T.S. MOHAMED MOHIDHEEN, Advocate ( SR-82483[F] dated 20/08/2019 ) +2 CC to M/s.G.THALAI MUTHARASU, Advocate ( SR-82756[F] dated 21/08/2019 ),82759 +1 cc Mr.D.SELVANAYAGAM ,Advocate, SR.No. 82763 +1 cc Mr.K.GURUNATHAN ,Advocate, SR.No. 82760 +1 CC to M/s.SPL GP ( SR-82867[F] dated 21/08/2019 ) 20.08.2019 KK/SAR/05.09.2019/7P-11C/ 7/7