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.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned Provisional Selection List issued by the 3rd respondent in PSL No. 08/MRB/2022, dated 04.11.2022 and the subsequent impugned order issued by the 2nd respondent in Ref. No.103328/E5/1/2022, dated 30.12.2022 and to quash the same in so far as non-inclusion of petitioner in the selection list and consequently, to direct the respondents to include the name of the petitioner in the selection list for appointment to the post of Dark Room Assistant based on the marks secured by the petitioner in the selection by reckoning CRA candidates with or without Science in Higher Secondary Course as single category in accordance in accordance with Special Rules for Tamil Nadu Medical Subordinate Service as amended.)

1. This writ petition is filed for issuance of writ of Certiorarified Mandamus, to quash the impugned Provisional Selection List issued by the 3rd respondent, dated 04.11.2022 in so far as non- inclusion of petitioner’s name in the selection list and the subsequent impugned order issued by the 2nd respondent, dated 30.12.2022 and consequently to direct the respondents to include the name of the petitioner in the selection list for appointment to the post of Dark Room Assistant based on the marks secured by the petitioner in the selection by reckoning CRA candidates with or without Science in Higher Secondary Course as single category in accordance in accordance with Special Rules for Tamil Nadu Medical Subordinate Service as amended.

2. The petitioner belongs to SC community and has completed 10th and 12th standard. Thereafter, she passed the “Certificate of Radiological Assistance” course (one year) (hereinafter mentioned as CRA) which is a paramedical course. The candidates qualified with HSC in any subject shall be eligible for admission in CRA course. The petitioner has passed HSC in non-science subject, hence is eligible to be admitted in CRA course. The petitioner completed the course in the year 2009-2010. The post of Dark Room Assistant is governed by Special Rules for Tamil Nadu Medical Subordinate Service. Originally, the special rules had 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 CRA course. From the academic year 2012 to 2013, the CRA course was stopped temporarily. In the meanwhile the Government amended the special rules for Tamil Nadu Medical Subordinate Service for the post of Dark Room Assistant vide G.O.Ms.No.304, Health and Family Welfare Department, dated 07.10.2015, which is extracted hereunder:

“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".

3. As per the provi