The main legal point established in the judgment is that a deviation from the earlier selection procedure, without notifying the candidates, is illegal and can be set aside. The court also emphasized that unsuccessful candidates do not have the locus standi to challenge the selection of successful candidates.

T.S. Sivagnanam J.

The above Writ Petitions are taken up for disposal together as there arises a common question, pertaining to the validity of selection for the post of Pharmacist (Allopathy) and Auxiliary Maternity Assistant / Maternity Assistant (hereinafter referred as ANM) in the Health Department of the Union Territory of Pondicherry pursuant to a common notification dated 27.05.2004.

2. W.P.No.14203 of 2007, 9097 of 2007 and 9098 of 2007 have been filed by the Government of Pondicherry challenging the common order of the Central Administrative Tribunal (Tribunal for short) in O.A.No.99, 476 and 306 of 2005 dated 3. 2006 respectively. The prayer in the said original applications are to set aside the order passed by the Director of Health and Family Welfare Services, Pondicherry dated 211. 2004 appointing the private respondents as Pharmacist (Allopathy), without conducting any test or interview and without any information to the applicants, as being illegal.

3. W.P.No.28572 of 2004 has been filed by one Mrs.J.M.Jacqueline Maley and 8 others, the applicants in O.A.No.731 of 2004, which was filed to quash the order passed by the Director of Health and Family Welfare Services, Pondicherry dated 12.08.2004 and consequently to direct the Official Respondent to make selection on the basis of Written Test and Interview and appoint the applicants to the post of ANM with all consequential benefits.

4. For appreciating the controversy involved, the factual panorama will have to be understood.

5. The Government of Pondicherry by notification dated 27.05.2004 invited applications from the natives of the Union Territory of Pondicherry for filling up of different group C and D posts in the Health Department, Pondicherry. In the present Writ Petitions, we are concerned with two group C posts namely Pharmacist (Allopathy) (Serial No.11 of Notification) and ANM (Serial No.2 of Notification). The Notification stipulated the eligibility criteria, the nature of application to be submitted, the certified copies of the enclosures which are to be annexed and the method of selection etc. Clause No.3 of the Notification states that the applications, which are not in complete shape will be rejected and further correspondence will not be entertained. Clause No.5 enumerates the list of certified copies of the certificates which have to be submitted along with the applications. Clause No.10 states that the date, time and venue of test / interview will be intimated to the candidate later. Clause No.11 states that the decision of the Government as to be eligibility or otherwise of candidates for admission to the examination shall be final.

6. The recruitment rules, as notified by G.O.Ms.No.8 / 70 II and F & P, dated 13. 1970, for recruitment to various posts state that the post of Pharmacist (Allopathy), is a selection post and method of recruitment is by direct recruitment. The educational and other qualifications required for direct recruitment are (i) SSLC or its equivalent, (ii) Registration in Pharmacy register (iii) Diploma in Pharmacy or certificate obtained after having undergone Compounder’s Training in a recognized Institute. The post of ANM is also a selection post and the method of recruitment is by direct recruitment, the qualification being III Form or its equivalent, Diploma in Auxillery Nurse Midwife or Certificate obtained after training in Midwifery for 18 months in a Recognized Training Institute. It is relevant to note at this juncture that the recruitment rules for the posts do not contemplate the method of selection process.

7. The Applicants applied for the said posts and according to them, they have enclosed the required attested copies of the certificates and were eagerly waiting to be called to attend the test for selection to the said posts in terms of the notification dated 27.05.2004. Their grievances is that, without conducting any test / interview, the Department by notification dated 211. 2004 published the