The amendment allowing recruitment by transfer for Lab Technician positions did not infringe on the rights of DMLT candidates, balancing experience and new qualifications.

ORDER :

G.JAYACHANDRAN, J.

Mariselvam, the petitioner in W.P(MD)Nos.23388 of 2024 and 32704 of 2025, is a Diploma Holder in Medical Lab Technicial Centre(DMLT). He got his Diploma in the year 2020. In W.P(MD)No.23388 of 2024, he has challenged the Government Order in G.O(Ms)No.262, Health and Family Welfare(C2) Department, dated 13.09.2024, claiming execlusive priority for DMLT candidates, while filling the post of Lab Technician Grade-II by Direct Recruitment instead of recruitment by transfer and promotion from the Lab Technician Grade-III. In W.P(MD)No.32704 of 2025, he has challenged the notification dated 03.11.2025 issued consequence to the amendment to the Service Rule pursuant to G.O.Ms.No.262, dated 13.09.2024.

2. The gist of the writ petitions and the relief sought are as under: In the State of Tamil Nadu, the Lab Technician Grade-II posts are used to be filled up by the +2 Science Subject qualified candidates, with the educational qualification of Diploma in Medical Laboratory Technician (D.M.L.T). The duration of the said Diploma Course is 2 years. As per the provisions of Tamil Nadu Medical Subordinate Service Rules, the Lab Technician Grade-II post should be fixed as Entry Level Post in the Respondent Department and appointment should be made on the basis of the state seniority by comprising the Directors of DME, DMS, DMRHS and DPPM. On 05.02.2007, the 1^st Respondent herein issued G.O.Ms.No.39, Health and Family Welfare (C2) Department and certain amendments have been made in the Special Rules for the Tamil Nadu Medical Subordinate Service, to the effect that the Laboratory Technician Grade-II should be filled up (i) By Direct Recruitment (or) (ii) By Recruitment Transfer from the post of Laboratory Assistant (Malaria) in the Tamil Nadu Public Health Service (Laboratory Technician Grade-II). After this amendment to the Service Rules, the vacancies for the post of Laboratory Technician Grade-II should be filled up by way of direct recruitment and if no such suitable persons are available for direct recruitment, then the department shall proceed with promotion by way of transfer from the post of Laboratory Assistant (Malaria) in the Tamil Nadu Public Health Subordinate Service.

3. At present nearly 30,000 persons with DMLT (2 Years Course) qualification are waiting for appointment in the Respondent Department by way of direct recruitment. The minimum age prescribed for entry into service is that they have to complete 18 years. Earlier the appointments alone district wise later through G.O. Ms. No. 22, Health and Family Welfare (C2) Department, dated 29.01.2010 and G.O.Ms.No.147, Health and Family Welfare (C2) Department, 18.03.2020 prescribed State-wide Employment Seniority for recruitment to the post of Laboratory Technician Grade-II, by way of direct recruitment instead of following District-wide Employment Seniority.

4. In the said scenario on 13.09.2024, the 1^st Respondent issued the impugned G.O. (Ms.) No. 262, Health and Family Welfare (C2) Department and amended the Special Rules for the Tamil Nadu, Subordinate Services which permitted the Directors of DME, DMS, DMRHS, DPHPM, to fill up the vacancies for the post of Lab Technician Grade-II by way of recruitment transfer and promotion from the post of Lab Technician Grade-III with CMLT qualification instead of following the 1^st Method of Recruitment viz, Direct Recruitment.

5. Hence, W.P(MD)No.23388 of 2024 for the Writ of Declaration to declare the impugned G.O(Ms)No.262, Health and Family Welfare (C2) Department, dated 13.09.2024 as null and void. W.P(MD)No.32704 of 2025 is another writ to i