Court affirmed that the requirement for a discontinued course was improper, allowing candidates with a Diploma in Optometry to participate in selection without the three-month course.

ORDER :

B. Pugalendhi, J.

The petitioners have applied to the post of Ophthalmic Assistant in the Tamil Nadu Medical Subordinate Service, pursuant to the notification issued by the 2nd respondent Medical Services Recruitment Board in Notification No.2/MRB/2023, dated 07.02.2023. By this notification, the Medical Services Recruitment Board has proposed to recruit 93 posts of Ophthalmic Assistant in the Tamil Nadu Medical Subordinate Service and invited applications. Clause 6B of the notification prescribes the educational qualification as under:

2.The petitioners herein have studied two years Diploma in Optometry conducted by the institutions recognized by the Directorate of Medical Education. However, they have not studied three month condensed Para Medical Ophthalmic Assistant course conducted by the Regional Institute of Ophthalmology, Chennai. Earlier some of the candidates, who have applied pursuant to the above notification, have approached this court seeking exemption from possessing the qualification of this three month course in WP(MD)Nos.5352 and 5355 of 2023 and this court has called for a clarification from the Directorate of Medical Education as to the averment of the petitioners therein that the course has been discontinued. The Director of Medical Education has also clarified before this court vide their communication bearing No.029217/PME/3/2023, dated 01.04.2023 that this three month condensed Paramedical Ophthalmic Assistant course has been discontinued from the year 2003 onwards. In view of the stand taken by the Director of Medical Education, this court by its order dated 03.04.2023 disposed of those writ petitions, with a direction to the respondent to consider their applications without insisting on the qualification of completion of three months condensed Paramedical Ophthalmic Assistant course. After selection process, results have been published, however, the petitioners herein have not been called for certificate verification and therefore, the petitioners have approached this Court challenging the call letters calling for certificate verification without considering the petitioners. Considering the earlier order passed by this Court in WP(MD)Nos.5352 and 5355 of 2023, this Court has also entertained this writ petition and granted an order of interim stay and also directed the respondents to allow the petitioners to participate in the certificate verification.

3.The respondents have filed their counter affidavit and an application to vacate the interim order of stay that this post of Ophthalmic Assistant is very much required at the grassroots level in the rural areas to address the grievance of the rural people as per the scheme of the Government. The learned Additional Advocate General, by referring to the orders passed by the Division Bench in WA. (MD)No.35 of 2024 dated 24.04.2025, submits that as against the order passed by the learned Single Judge in WP(MD)Nos.5352 and 5355 of 2023, some of the candidates, who are having the qualification as prescribed under Clause 6B, have filed the above writ appeal that their p