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2023 Supreme(Online)(MAD) 12066
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on Delivered on
03.08.2023 .08.2023 CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.768 of 2023 and W.M.P.Nos.719, 720 & 721 of 2023
1. S. Bharath
2. R.Mohan
3. K. Selvaraj
4. R. Rajesh
5. V. Sivakumar 6. K.Madhavan 7. M.Saravanan
8. A.Sarath Kumar ... Petitioners versus
1. The State of Tamil Nadu, Rep.by its Principal Secretary to Government, Health and Family Welfare Department Secretariat, Fort St.George, Chennai 600009.
2. The Director of Medical Education Kilpauk, Chennai 600010. 3. The Member Secretary, Madical Services Recruitment Board (MRB), 359, Anna Salai, DMS Compound, Teynampet, Chennai 600018. ... Respondents.
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order issued by the 2nd Respondent in Ref. No.103329/E5/1/2022 dated 30.12.2022, quash the same and to direct the Respondents to include the name of the Petitioners in the selection list for appointment to the post of Dark Room Assistant, based on the marks secured by the petitioners in the selection by reckoning CRA candidates with or without Science in Higher Secondary Course as single category in accordance with the Special Rules for Tamil Nadu Medical Subordinate Service as amended.
For Petitioner : Mr. G. Sankaran Senior Counsel for Mr. S. Nedunchezhiyan For Respondents : Mr.V. Jeevakagiridharan Addl. Government Pleader [for R1 & 2]
Mr.M. Loganathan Standing counsel for MRB [for R3]
O R D E R
This Writ Petition is filed to quash the impugned order issued by the
2nd Respondent in Ref. No.103329/E5/1/2022 dated 30.12.2022 and to direct the Respondents to include the Petitioners' name in the selection list for appointment to the post of Dark Room Assistant, based on the marks secured by them in the selection by reckoning CRA candidates with or without Science in Higher Secondary Course as single category in accordance with the amended Special Rules for Tamil Nadu Medical Subordinate Service.
2.(a) The grievance of the Writ Petitioners is that they are qualified with 10th Std., Higher Secondary (+2) and Certificate of Radiological Assistants (CRA) and thereby eligible for recruitment to the post of Dark Room Assistant (DRA), governed by Special Rules for Tamil Nadu Medical Subordinate Service as amended in G.O.Ms.No.385, Health and Family Welfare Department dated 27.08.2021. They have participated in the selection process and were awarded with weightage marks, whereas the petitioners were not included in the provisional selection list published by MRB dated 04.11.2022, in spite of higher weightage marks secured by them, while candidates with lower weightage marks under CRA category included. As per the Special Rules, if candidates with Certificate of Dark Room Assistant (DRA) are not available, then the candidates with certificate of Radiological Assistants (CRA) of any recognised institution qualified with Higher Secondary Course (HSC) with or without Science subject to be considered for appointment.
2.(b) The 3rd Respondent MRB has published weightage marks for the candidates based on the online application, as per which the petitioners obtained weightage marks as per the details given below:
| Appln.No. | Name of Petitioners | Date of Birth | Community | Wightage marks |
| 300019 | S. Bharath | 29.04.1986 | SC | 82.15 |
| 301281 | R.Mohan | 03.04.1978 | BC | 78.48 |
| 300640 | S.K.Selvaraj | 09.06.1986 | BC | 82.30 |
| 300041 | R.Rajesh | 25.11.1989 | MBC | 82.09 |
| 300590 | V. Sivakumar | 12.05.1977 | SCA | 79.69 |
| 300113 | K.Madhavan | 15.12.1990 | BC | 85.65 |
| 300619 | M.Saravanan | 12.02.1984 | SCA | 79.73 |
| 300017 | A.Sarath Kumar | 21.05.1992 | SC | 83.84 |
2.(c) Thereafter the Petitioners names have been included in Sl.Nos.
in accordance with the weightage marks as extracted below:
| Name of the Petitioners | Serial Number |
| 1. S.Bharath | 66 |
| 2. R.Mohan | 100 |
| 3. S.K.Selvaraj | 61 |
| 4. R.Rajesh | 64 |
| 5. V.Sivakumar | 65 |
| 6. K.Madhavan | 33 |
| Name of the Petitioners | Serial Number |
| 7. M.Saravanan | 31 |
| 8. A.Sarath Kumar | 37 |
2.(d) Thereafter, the Petitioners have attended the certificate verification on 20.06.2022, 21.06.2022 and 22.06.2022 respectively. The Petitioners have filed W.P.No.30364 of 2022, challenging the Provisional Selection List issued by the 3rd Respondent dated 04.11.2022. However, the Writ Petition was disposed of by this Court and issued directions to the Petitioners to submit a representation to the Respondents requesting for publishing a fresh selection list which shall include the names of the petitioners instead of impugned selection list dated 04.11.2022. Consequent to this order the petitioners submitted representations, however, the impugned order has been passed by the 2nd Respondent. Hence, the same has been challenged before this court mainly on the ground that as per the Special Rules for Tamil Nadu Medical Subordinate Service, if eligible candidate of DRA is not available, then the candidates of CRA qualified with Higher Secondaray Course with or without Science subject can be appointed. The priority given to DRA candidates and if they are not available, candidates with CRA with or without Science in HSC as single category ought to have been considered. Hence, the Writ Petition.
3.(a) In the counter it is the contention of the Respondents that the education qualification for the said post of Dark Room Assistant as per G.O.Ms.No.304, Health and Family Welfare (C2) Department dated
07.10.2015 is as follows:
“By Direct Recruitment or for Special reasons, by rec
