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2019 Supreme(Mad) 612

S.M.SUBRAMANIAM
G. Udaya Kumar – Appellant
Versus
Principal Secretary, Govt. of Tamil Nadu Department of Health and Family Welfare Fort St. George, Chennai – Respondent


Advocates Appeared:
For the Petitioner:P. Puhazh Gandhi, Advocate.
For the Respondent:A.N. Thambi Durai, Special Government Pleader, S.R. Raja Gopal, Additional Advocate General assisted by A. Vivek, A. Prabhakaran, K. Srinivasamurthy formulated M/s. Rao and Reddy, C.K. Chandrasekar, Advocates.

JUDGMENT :

The Recruitment Notification issued by the second respondent/Medical Services Recruitment Board (MRB) in Notification No.01/MRB/2015, dated 12.09.2018 is sought to be quashed and a direction is sought for against the respondents to conduct the recruitment examination afresh for the selection of Nurses in the service of 1st respondent/department and pass further orders.

2. The cause for filing of the present writ petition arose on account of the fact that the respondents have appointed candidates over and above the notified vacancies in the recruitment conducted in the year 2015. The grievance of the writ petitioner is that they are not selected and no opportunity to participate in the process of selection was provided, which is in violation of the equality clause enunciated in the Constitution of India. Without even conducting the process of selection by following the recruitment rules in force, the respondents are going on appointing candidates, from and out of the unsuccessful candidates from the erstwhile list, with reference to the selection conducted by the second respondent, pursuant to the Notification given in the year 2015.

3. In other words, beyond the selected ca









































































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