Eligibility criteria for public employment must remain unchanged once selection has commenced, protecting candidates' legitimate expectations.

JUDGMENT :

M.S. RAMESH, J.

All these three Writ Appeals have been preferred by candidates, who had participated in the selection process for the post of Sanitary Inspectors (SI) and who also possessed a SI Certificate awarded by the Gandhigram Rural Institute (GRI), wherein applications to fill up 110 vacancies were called for, under a notification dated 30.12.2017 of the Commissioner of Municipal Administration (CMA).

2.1.The brief facts of the cases before the Writ Court, the impugned common order of which is under challenge before us, are as follows:-

2.2.The Tamil Nadu Municipal Public Health Service Regulations, 1970 (the Regulations), prescribes the qualification for the post of SI. As per the Rules, a candidate applying for the post of SI, must possess a SI certificate granted by the Additional Director of Health Services and Family Planning, Chennai, as the Chairman, Board of Examiners, constituted by Government in this behalf; or must possess a Health Inspector’s Certificate awarded by the Principal, Medical College, Trivandrum or must possess a Sanitary Inspector’s Certificate awarded by the Director of Public Health, Bombay; or SI Certificate awarded by the GRI and must possess physical fitness for camp life and satisfy the physical standard prescribed for Health Inspectors.

2.3.Through a notification dated 30.12.2017, the Commissionerate of Municipal Administration had invited applications for filling up 110 vacancies for the post of SI, in various municipalities governed under the Regulations. The qualifications prescribed under this notification also mandated the applicants to possess a SI certificate awarded by GRI, among others.

2.4.Among the 874 candidates, who had applied under this 2017 notification, 449 candidates were shortlisted, out of which 333 candidates possessed the SI certificate awarded by GRI.

2.5.Since the notification did not prescribe a SI certificate from Water, Sanitation and Hygiene (WASH) Institute, affiliated to Madurai Kamarajar University (KMU), as one of the essential qualification, but restricted it only to GRI, a Writ Petition was filed by WASH Institute candidates in W.P.No.1162 of 2018, seeking to quash the qualification of SI certificate, which excludes certificates issued by MKU. On 31.07.2018, the Writ Court had granted an interim order, directing the authorities to proceed with the recruitment, but not to release the final list of successful candidates, subject to the outcome of the Writ Petition.

2.6.Simultaneously, similar candidates, who possessed certificates from WASH Institute, had also filed another Writ Petition in W.P.No.2767 of 2018 and through interim directions therein, the Secretary to Government, Municipal Administration and Water Supply Department (MAWS Department), had constituted a Committee to go into the veracity of the claims made by the WASH Institute candidates.

2.7.On 04.09.2018, the Committee concluded that the SI certificate of WASH Institute is not recognised by the Government. The report came to be challenged by the candidates who possessed the WASH Institute certificate, as well as the candidates who possessed PG Diploma in Environmental Sanitation Science issued by the MKU, in W.P.Nos.31501, 31642 and 31635 of 2019. In the meantime, the candidates, who possessed SI certificates from GRI, had also filed a Writ Petition in W.P. (MD) No.12923 of 2018, seeking for a direction to the Directorate of Public Health not to consider the certificates issued by WASH Institute, for filling up the post of SI in local bodies, under the 2017 notification.

2.8.The Writ Court had finally heard W.P.(MD) No.12923 of 2018, as well as all other connect