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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
S. Bharath & Others – Appellants
Versus
The State of Tamil Nadu, Rep.by its Principal Secretary to Government, Health and Family Welfare Department Secretariat, Chennai & Others – Respondents
W.P.No. 768 of 2023 & W.M.P.Nos.719, 720 & 721 of 2023
Decided On : 18-08-2023
Dark Room Assistant - Appointment Rules - G.O.Ms.No.304, G.O.Ms.No.385 - The court discussed the Special Rules for Tamil Nadu Medical Subordinate Service, emphasizing the primary requirement of a pass in Higher Secondary Course with Science Subjects for appointment to the post of Dark Room Assistant. The court interpreted the amendment in G.O.Ms.No.385 as a proviso to the primary rule, allowing candidates with Certificate of Radiological Assistant with or without Science in Higher Secondary Course to be appointed only when candidates with the primary qualification are not available. The court rejected the argument that CRA candidates with or without Science should be considered as a single category, emphasizing the priority given to candidates with the primary qualification.
Fact of the Case:
The Writ Petitioners sought inclusion in the selection list for the post of Dark Room Assistant, claiming eligibility based on their marks secured in the selection process. The impugned order excluded them despite their higher weightage marks.
Finding of the Court:
The court found that the primary qualification for the post of Dark Room Assistant is a pass in Higher Secondary Course with Science Subjects, and the amendment in G.O.Ms.No.385 only applies as a proviso when candidates with the primary qualification are not available. The court rejected the argument that CRA candidates with or without Science should be considered as a single category.
Issues: The main issue was whether the Petitioners, as non-science candidates, were entitled to appointment as Dark Room Assistants under the Special Rules for the Tamil Nadu Medical Subordinate Service.
Ratio Decidendi: The court emphasized the primary requirement of a pass in Higher Secondary Course with Science Subjects for the post of Dark Room Assistant and interpreted the amendment in G.O.Ms.No.385 as a proviso to the primary rule, allowing appointment of CRA candidates with or without Science only when candidates with the primary qualification are not available.
Final Decision: The court sustained the impugned order, dismissing the Writ Petition and emphasizing the priority given to candidates with the primary qualification for the post of Dark Room Assistant.
JUDGMENT
(Prayer:Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order issued by the 2nd Respondent in Ref. No.103329/E5/1/2022 dated 30.12.2022, quash the same and to direct the Respondents to include the name of the Petitioners in the selection list for appointment to the post of Dark Room Assistant, based on the marks secured by the petitioners in the selection by reckoning CRA candidates with or without Science in Higher Secondary Course as single category in accordance with the Special Rules for Tamil Nadu Medical Subordinate Service as amended.)
This Writ Petition is filed to quash the impugned order issued by the 2nd Respondent in Ref. No.103329/E5/1/2022 dated 30.12.2022 and to direct the Respondents to include the Petitioners'' name in the selection list for appointment to the post of Dark Room Assistant, based on the marks secured by them in the selection by reckoning CRA candidates with or without Science in Higher Secondary Course as single category in accordance with the amended Special Rules for Tamil Nadu Medical Subordinate Service.
2.(a) The grievance of the Writ Petitioners is that they are qualified with 10th Std., Higher Secondary (+2) and Certificate of Radiological Assistants (CRA) and thereby eligible for recruitment to the post of Dark Room Assistant (DRA), governed by Special Rules for Tamil Nadu Medical Subordinate Service as amended in G.O.Ms.No.385, Health and Family Welfare Department dated 27.08.2021. They have participated in the selection process and were awarded with weightage marks, whereas the petitioners were not included in the provisional selection list published by MRB dated 04.11.2022, in spite of higher weightage marks secured by them, while candidates with lower weightage marks under CRA category included. As per the Special Rules, if candidates with Certificate of Dark Room Assistant (DRA) are not available, then the candidates with certificate of Radiological Assistants (CRA) of any recognised institution qualified with Higher Secondary Course (HSC) with or without Science subject to be considered for appointment.
2.(b) The 3rd Respondent MRB has published weightage marks for the candidates based on the online application, as per which the petitioners obtained weightage marks as per the details given below:
| Appln.No. | Name of Petitioners | Date of Birth | Community | Wightage marks |
| 300019 | S. Bharath | 29.04.1986 | SC | 82.15 |
| 301281 | R.Mohan | 03.04.1978 | BC | 78.48 |
| 300640 | S.K.Selvaraj | 09.06.1986 | BC | 82.30 |
| 300041 | R.Rajesh | 25.11.1989 | MBC | 82.09 |
| 300590 | V. Sivakumar | 12.05.1977 | SCA | 79.69 |
| 300113 | K.Madhavan | 15.12.1990 | BC | 85.65 |
| 300619 | M.Saravanan | 12.02.1984 | SCA | 79.73 |
| 300017 | A.Sarath Kumar | 21.05.1992 | SC | 83.84 |
2.(c) Thereafter the Petitioners names have been included in Sl.Nos. in accordance with the weightage marks as extracted below:
| Name of the Petitioners | Serial Number |
| 1. S.Bharath | 66 |
| 2. R.Mohan | 100 |
| 3. S.K.Selvaraj | 61 |
| 4. R.Rajesh | 64 |
| 5. V.Sivakumar | 65 |
| 6. K.Madhavan | 33 |
| 7. M.Saravanan | 31 |
| 8. A.Sarath Kumar | 37 |
2.(d) Thereafter, the Petitioners have attended the certificate verification on 20.06.2022, 21.06.2022 and 22.06.2022 respectively. The Petitioners have filed W.P.No.30364 of 2022, challenging the Provisional Selection List issued by the 3rd Respondent dated 04.11.2022. However, the Writ Petition was disposed of by this Court and issued directions to the Petitioners to submit a representation to the Respondents requesting for publishing a fresh selection list which shall include the names of the petitioners instead of impugned selection list dated 04
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.
A proviso to a rule, when repugnant to the main provision, prevails as the later expression of legislative intent.
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 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.
Eligibility criteria for public posts must have rational nexus with duties; arbitrary prescription without justification liable to challenge, relief moulded for fairness.
Point of law: Merely, because another view or a better view is possible, there should be no interference with or disturbance of the order passed by the Single Judge, unless both sides agree for a fai....
It is well settled that declaration of law of this nature cannot have effect of resurrecting stale and time barred claims.
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