ORDER :

Since the issue involved herein is one and the same, both the writ petitions were heard together and are being disposed of by this common order.

2. Challenging the orders of the 2nd respondent, namely, the Chairman, Medical Services Recruitment Board, Chennai, in his respective Proceedings in Ref Nos.547/MRB/E3/2016 and 557/MRB/E3/2016 dated 09.08.2016 and to quash the same as illegal, arbitrary and consequently, for directing the 2nd respondent to appoint the petitioners in the post of Audiometrician pursuant to notification No.3/MRB/2016 issued by the 2nd respondent dated 24.01.2016, the present Writ Petitions have been filed.

3. The relevant facts leading to the filing of the present writ petitions are as follows:

3.1 The petitioners after obtaining their Under Graduate Degree, have completed the Diploma in Hearing, Language and Speech (DHLS) in the respective institutions at Pondicherry viz., Jawaharlal Institute of Post Graduate Medical Education and Research (JIPMER) and Vinayaka Missions College of Paramedical Sciences. The said institutions are affiliated to All India Institutes of Speech and Hearing, Mysore and Indira Gandhi National Open University & Ali Yavar Jung National Institute for the Hearing Handicapped, Mumbai, respectively as approved by the Rehabilitation Council of India and the Ministry of Social Justice Empowerment, Government of India, New Delhi. The syllabus of the Certificate Course in Hearing, Language and Speech (DHLS) includes Audiometry as a subject and at that time, there was no course in the name of Audiometry exclusively.

3.2 While so, the 2nd respondent issued a notification dated 24.01.2016 inviting applications for recruitment to the post of Audiometrician in the scale of pay of Rs.5200-20200 + G.P.2400. Pursuant to the same, the petitioners applied for the said post through online mode and in accordance with the procedures prescribed thereunder. Subsequently, they were called for certificate verification by the 2nd respondent by their notification dated 20.02.2016, in which, the name of the petitioner in W.P.No.29295/2016 found place at sl.No.5 and the petitioner in W.P.No.29296/2016 at Sl.No.17. Accordingly, the petitioners appeared for certificate verification. On verification of the certificates of DHLS of the petitioners, the officials of the second respondent noted them as 'ineligible' for the post of Audiometrician. Immediately, the petitioners made an individual representation dated 25.02.2016 to the 2nd respondent stating that they have studied Audiometry as part of DHLS and they are well qualified for the post of Audiometrician.

3.3 Finding no response on the said representations, the Petitioners filed W.P.Nos.10590 and 10591 of 2016 seeking to issue a Writ of Mandamus, directing the 2nd respondent to consider them for the post of Audiometrician on the basis of their educational qualifications. By order dated 30.06.2016, the said writ petitions were disposed of by directing the 2nd respondent to consider the case of the petitioners on merits and in accordance with law and also in tune with the certificate dated 24.03.2016 issued by the All India Institute of Speech and Hearing.

3.4 As directed by this Court, the petitioners submitted representations dated 03.08.2016 to the 2nd respondent enclosing a copy of the order passed in the writ petitions. However, the second respondent rejected the said representations, by separate orders dated 09.08.2016, which are impugned herein.

4. On 23.08.2016, when the matters were taken up for admission, this Court directed the second respondent to keep two posts of Audiometrician vacant and file counter affidavit meeting out the grounds raised by the petitioners.

5. A detailed counter affidavit has been filed by the 2nd respondent, wherein it is inter alia stated as follows:

5.1 The petitioners claimed that they completed the course of Diploma in Hearing Language and Speech (DHLS) which includes Audiometry as a subject and the said course was approv