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IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.PUGALENDHI
S.Arunachalam – Appellant
Versus
State of Tamil Nadu Represented by its Secretary to Government Health and Family Welfare Department – Respondent
| Table of Content |
|---|
| 1. qualifications for ophthalmic assistant post. (Para 1 , 2) |
| 2. arguments on necessity of qualification. (Para 3 , 4) |
| 3. court's reasoning on educational qualifications. (Para 5 , 6 , 7) |
| 4. amendment allows petitioners to qualify. (Para 8) |
| 5. writ petitions disposed with direction. (Para 9) |
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:
| Sl.No | Name of the post | Qualification |
|---|---|---|
| 1 | Ophthalmic Assistant | i. passed the two year Ophthalmic Assistant Course conducted, by a Government Medical College or any other institution recognised by the Directorate of Medication Education; or
|
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.
Regular BSc Optometry qualifications are considered valid and superior under Rule 10(a)(ii) of Part II KS & SSR for eligibility in the selection process.
Eligibility criteria for public service appointments must be strictly adhered to; candidates must meet specified cut-off marks as per category.
The petitioner, lacking the specified HSSLC qualification, was ineligible for the Photographer post, but the authority must consider his representation regarding diploma equivalency.
Eligibility criteria for public posts must have rational nexus with duties; arbitrary prescription without justification liable to challenge, relief moulded for fairness.
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