JUDGMENT :

(Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 3 and 4 herein to appoint the petitioners as Ophthalmic Assistants in the Primary Health Centres and other similar Government Health Centres, on the basis of their representations dated 16.07.2021, in the light of the common order dated 03.04.2002, passed in O.A.No.7723 of 1999, O.A.Nos.8029 to 8037 of 1999 and O.A.No.7965 of 2001 and O.A.Nos.281 to 284 of 2002, passed by the then Tamil Nadu Administrative Tribunal, Chennai and the order dated 30.04.2008, passed in W.A.No.139 of 2008, confirming the order of this Court dated 12.12.2007, passed in W.P.No.8285 of 2007.)

1. This writ petition has been filed to issue a writ of Mandamus, directing the respondents 3 and 4 herein to appoint the petitioners as Ophthalmic Assistants in the Primary Health Centres and other similar Government Health Centres, on the basis of their representations dated 16.07.2021, in the light of the common order dated 03.04.2002, passed in O.A.No.7723 of 1999, O.A.Nos.8029 to 8037 of 1999 and O.A.No.7965 of 2001 and O.A.Nos.281 to 284 of 2002, passed by the then Tamil Nadu Administrative Tribunal, Chennai and the order dated 30.04.2008, passed in W.A.No.139 of 2008, confirming the order of this Court dated 12.12.2007, passed in W.P.No.8285 of 2007.

2. The case of the petitioners is that they are Diploma Holders in Optometry. According to them, they have passed the condensed Para Medical Ophthalmic Assistant Course from the Government Medical Institutions. In effect that all the petitioners are eligible Diploma Holders in Optometry and they are also in possession of certificate from the respective Government Medical Institutions where they underwent the condensed Course, in terms of G.O.Ms.No.662, dated 09.12.1998, which provided for additional qualification towards acquiring three months condensed Course in order to qualify themselves for appointment as Ophthalmic Assistants in Government Medical Institutions.

3. The petitioners have also registered their names in the respective employment exchanges and they being fully eligible and qualified, awaiting appointment as Ophthalmic Assistants in any of the Government Primary Health Centres, for several years now.

4. In 1999, several Diploma Holders who obtained their Diplomas from Private Institutions approached the then Tamil Nadu Administrative Tribunal in O.A.Nos.7723, 8029 to 8037 of 1999, seeking direction to appoint them as Ophthalmic Assistants in Government Primary Health Centres/District Headquarters Hospital in the State of Tamil Nadu. The Diploma Holders from the Government Medical Institutions also filed applications in O.A.No.7965 of 2001, O.A.Nos.281 to 284 of 2002, seeking similar direction for their appointment as Ophthalmic Assistants, as well.

5. The then Tamil Nadu Administrative Tribunal passed orders in all the applications on 30.04.2002, directing the authorities to permit those petitioners who obtained Diploma from Private Institutions to undergo three months condensed Paramedical Ophthalmic Assistant Course in the Government Medical Institutions to enable them to acquire necessary qualification to be appointed as Ophthalmic Assistants in the Government Primary Health Centres. The Tribunal further directed that they should be appointed only after those Diploma Holders who had obtained their Diploma from Government Medical Institutions.

6. According to the petitioners herein, there were also proceedings before this Court in W.P.No.8285 of 2007, dated 12.12.2007 and the order passed by the learned Single Judge of this Court, has been confirmed by the learned Division Bench in W.A.No.139 of 2008 vide order dated 30.04.2008.

7. While matter stood thus, after formation of the fourth respondent Board, instructions were issued to the Employment Exchanges, calling for eligible candidates for appointment as Ophthalmic Assistants. According to the petitioners,