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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. SRIMATHY, J.
C. Ramkumar - Appellant
Versus
The State of Tamilnadu, represented by its Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai & Others - Respondents
W.P.(MD)No. 1529 of 2023 & W.M.P.(MD)Nos. 1400, 1402 & 1403 of 2023
Decided On : 30-03-2023
Interpretation of Special Rules - Dark Room Assistant - G.O.Ms.No.304, Health and Family Welfare Department, dated 07.10.2015; G.O.Ms.No.385, Health and Family Welfare Department, dated 27.08.2021 - The court clarified that the Certificate of Radiological Assistant (CRA) qualification should be considered as a single unit, with or without Science in Higher Secondary Course, if candidates with the certificate of Dark Room Assistant are not available. The respondents wrongly interpreted the proviso and the court directed the selection of the petitioner and inclusion in the provisional selection list.
Fact of the Case:
The petitioner filed a writ petition challenging the non-inclusion of their name in the selection list for the post of Dark Room Assistant, citing misinterpretation of the qualification rules by the respondents.
Finding of the Court:
The court found that the respondents wrongly interpreted the proviso in the Special Rules for the post of Dark Room Assistant, leading to the non-inclusion of the petitioner's name in the selection list.
Issues: The main issue was the misinterpretation of the qualification rules by the respondents, leading to the non-inclusion of the petitioner's name in the selection list.
Ratio Decidendi: The court clarified that the Certificate of Radiological Assistant (CRA) qualification should be considered as a single unit, with or without Science in Higher Secondary Course, if candidates with the certificate of Dark Room Assistant are not available.
Final Decision: The writ petition was allowed, and the court directed the 3rd respondent to select the petitioner, include the petitioner's name in the provisional selection list, and appoint the petitioner in the said post within a specified period.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the record relating to the impugned selection list published by the 3rd respondent through the official website, vide his proceedings in PSL.No.08/MRB/2022, dated 04.11.2022 (published on 07.11.2022) and the consequential impugned order passed by the 2nd respondent, vide his proceedings in Ref.No.97891/E5/1/2022-4, dated 09.01.2023 and to quash the same as illegal in so far as the non inclusion of petitioner is concerned and consequentially, to direct the respondents to appoint the petitioner in the post of Dark Room Assistant taking into consideration of the marks secured by the petitioner within the period that may be stipulated by this Court.)
This writ petition is filed for issuance of writ of Certiorarified Mandamus, to quash the impugned selection list published by the 3rd respondent through the official website, vide his proceedings, dated 04.11.2022 and the consequential impugned order passed by the 2nd respondent, vide his proceedings, dated 09.01.2023 and to quash the same as illegal in so far as the non-inclusion of petitioner is concerned and consequentially, to direct the respondents to appoint the petitioner in the post of Dark Room Assistant taking into consideration of the marks secured by the petitioner within the period that may be stipulated by this Court.
2. The petitioner belongs to SC community and has completed 12th standard (HSC) and B.A.(Sociology), then had passed the Certificate of Radiological Assistance (CRA) course (one year), which is a paramedical course. The candidates qualified with HSC in any subject shall be eligible for admission in CRA course. Accordingly, the petitioner has qualified HSC in non-science subject and is eligible to be admitted in CRA course. The petitioner completed the course in the year 2008-2009.
3. The post of Dark Room Assistant is governed by Special Rules for Tamil Nadu Medical Subordinate Service. Originally, the special rules prescribed the qualification for the Dark Room Assistant as follows:
“Category-4 Dark Room Asst- Certificate of having successfully completed the training course for Dark Room Assistant provided that preference shall be given to candidate who have passed the C.R.A. Examination.
Based on the above, the candidates either in science subject or non-science subject in HSC joined the (Certificate of Radiological Assistance) CRA course. But in the year 2012 to 2013, the CRA course was stopped temporarily. The Government amended the Special Rules for Tamil Nadu Medical Subordinate Service for the post of Dark Room Assistant and Notification was issued in G.O.Ms.No.304, Health and Family Welfare Department, dated 07.10.2015 and the amended Rule states as follows:
“i. A pass in Higher Secondary Course with Science Subjects
(a) Physics, Chemistry, Botany and Zoology; (or)
(b) Physics, Chemistry, Biology and any one of the related subjects (viz) Mathematics or Computer Science and
ii. Certificate of having successfully completed the training course for Dark Room Assistant of any Institution recognized by the State Government (or) Government of India.
Provided that if candidates with the certificates of Dark Room Assistant are not available, then candidates with Certificate of Radiological Assistant of any Institution recognized by the State Government or Government of India, shall be appointed.
Provided also that if candidate with the certificate of Radiological Assistant are also not available then candidates with Diploma in Radio Diagnosis or Diploma in Radio Therapy of any Institution recognized by the State Government or Government of India shall be appointed".
4. As per the proviso, if the candidates with certificate of DRA are not available, then the candidates with CRA shall be considered for the appointment to the post. S
Interpretation of qualification rules - The Certificate of Radiological Assistant (CRA) qualification should be considered as a single unit, with or without Science in Higher Secondary Course, if can....
The central legal point established in the judgment is the correct interpretation of the qualification rules for the post of Dark Room Assistant, specifically the proviso in G.O.Ms.No.385.
The main legal point established in the judgment is the interpretation of the Special Rules for Tamil Nadu Medical Subordinate Service, emphasizing the primary requirement of a pass in Higher Seconda....
A proviso to a rule, when repugnant to the main provision, prevails as the later expression of legislative intent.
The main legal point established is that the selection process must adhere to the criteria specified in the notification, and any deviation without issuing a corrigendum is impermissible.
The main legal point established in the judgment is that the rules of the game, meaning the criteria for selection, cannot be altered by the authorities concerned in the middle or after the process o....
The court established that merit lists for public appointments must strictly adhere to the prescribed guidelines, and any deviation that introduces favoritism or lacks transparency is subject to judi....
Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.
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