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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
SHAMIM AHMED, J.
Balasubramanian, S/o.S.Ravi - Appellant
Versus
The State of Tamil Nadu - Respondent
W.P.(MD)Nos.4288 and 13880 of 2021 and W.M.P.(MD)Nos.3473, 10838, 10840 and 10844 of 2021
Decided on : 25-04-2025
(A) Constitution of India - Article 226 - Writ of Mandamus and Certiorari - Petitioner sought appointment as Dialysis Technician Grade-II and challenged selection notification - Court found no merit in claims regarding selection process and temporary employment status - Petitioner had no vested right to appointment. (Paras 1-14)
(B) Selection Process - The court upheld the weightage system for candidate selection as transparent and in accordance with government rules, dismissing claims of illegality. (Paras 11-12)
(C) Temporary Employment - The court clarified that temporary engagements do not create a legitimate expectation for regularization or future appointments. (Paras 13-14)
Facts of the case:
The petitioner, a Dialysis Technician, sought appointment as Grade-II Technician and challenged the selection process after being excluded from the shortlist. He had previously worked under a temporary contract and provided critical services during the pandemic.
Findings of Court:
The court found the selection process valid and the petitioner's claims unfounded, emphasizing the temporary nature of his previous employment.
Issues: The main issues were the legality of the selection process and the petitioner's entitlement to appointment.
Ratio Decidendi: The court ruled that the selection criteria were clear and publicly known, and participation in the process precluded later challenges.
Result: Both writ petitions dismissed.
ORDER :
1. The Writ Petition in W.P.(MD)No.4288 of 2021 has been filed, under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents to appoint the Petitioner as a Dialysis Technician Grade-II in one of the posts identified by the 1st Respondent in G.O.(D)No.817 dated 14.09.2020.
2. The Writ Petition in W.P.(MD)No.13880 of 2021 has been filed, under Article 226 of the Constitution of India, to issue a Writ of Certiorari and Mandamus, challenging the impugned notification in Notification No: 01/MRB/2021 dated 06.02.2021 on the file of the 2nd Respondent and further direct the Respondents to proceed with the process of recruitment for the post of Dialysis Technician Grade-II by conducting a special test.
3. The facts of case, in a nutshell, led to filing of this Writ Petition and necessary for disposal of same, are as follows:-
(a)The Petitioner completed Higher Secondary Examination in the year 2009 and subsequently, the Petitioner completed a one-year certificate course in Dialysis Technology at Madurai Medical College, which included a three-month internship training at Government Rajaji Hospital, Madurai. Thereafter, the Petitioner joined as a Dialysis Technician at the Apollo Hospital, Madurai, from the year 2012 to 2015.
(b) Under the Chief Minister's Comprehensive Health Insurance Scheme (CMCHIS), posts of Dialysis Technicians were filled on temporary basis to operate Haemo Dialysis (HD) Machines, which treat patients with acute kidney disease. The 4th Respondent appointed the Petitioner as a 'Multipurpose Hospital Worker' to operate these HD machines from 23.09.2015 to 30.06.2016, and thereafter on 30.06.2016, he was terminated and once again he was appointed for a period from 02.07.2016 to 30.04.2017.
(c)The Petitioner worked as a Dialysis Technician with the 4th Respondent, with a one-year break in between, and was employed from 02.05.2020 to 30.04.2021. Notably, during the COVID-19 pandemic, the Petitioner, as a Dialysis Technician, provided critical services, including dialysis treatment to COVID-19 patients who developed acute kidney injury or exacerbation of chronic kidney disease, adhering to strict quarantine protocols. The Petitioner demonstrated dedication and satisfaction in his work during this challenging period.
(d)The petitioner has approached the court through two writ petitions. In W.P.(MD)No.4288 of 2021, the petitioner seeks a direction to appoint him as Dialysis Technician Grade-II in one of the posts identified by the 1st respondent in G.O.(D)No.817 dated 14.09.2020. The background to this petition is that the 1st respondent issued a Government Order identifying 292 posts of Dialysis Technician to be filled up in Government Medical College Hospitals across the State on a temporary basis for a period of one year on a consolidated pay. The petitioner's employment was set to end on 30.04.2021, and filling up these posts would likely mean that his employment would not be extended beyond that date.
(e)In W.P.(MD)No.13880 of 2021, the petitioner challenges the notification issued by the 2nd respondent on 06.02.2021, calling for applications to fill up the posts of Grade II Dialysis Technician on a consolidated pay for a period of one year. The petitioner's grievance is that despite applying for the post, his name was not included in the list of candidates called for certificate verification scheduled on 04.08.2021. The 2nd respondent had adopted a weightage-based system to shortlist candidates, assigning 20% weightage to SSLC marks, 30% to HSC marks, and 50% to marks scored in the Certificate course in Dialysis Technology. The petitioner contends that this selection procedure is illegal, absurd, and suffers from non- application of mind. He seeks to quash the impugned notification and requests the respondents to conduct a special test for the recruitment of Dialysis Technician Grade-II.
4. Heard Mr.R.Maheswaran, learned counsel for the Petitioner, Mr.V.Panneer Selvam, learn
The court upheld the validity of the selection process for Dialysis Technician posts, emphasizing that temporary employment does not confer a right to regular appointment.
Petitioner's claims regarding recruitment procedures are dismissed as alternative remedies exist under the Administrative Tribunals Act.
Eligibility criteria for public service positions cannot solely depend on the timing of professional qualifications when educational qualifications are met prior to the notification date, violating p....
The State has the authority to determine qualifications and selection processes for recruitment, and a common examination for Diploma and Degree Holders does not violate Article 14 of the Constitutio....
The amendment allowing recruitment by transfer for Lab Technician positions did not infringe on the rights of DMLT candidates, balancing experience and new qualifications.
The court affirmed that petitioners, having previously accepted the selection process, were barred from later contesting the methodology due to principles of waiver and acquiescence, despite alleging....
Selection process legality cannot be challenged after participation without evidence of misconduct or unfairness.
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