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2022 Supreme(Online)(MAD) 15285
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved On 14.06.2022 Pronounced On 10.08.2022 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.Nos.31501 of 2019 & W.P.Nos.1162, 2467, 26482, 26553, 28062 & 28067 of 2018 and W.P.(MD) No.12923 of 2018 and W.P.Nos.6704, 6712, 16104, 27043, 27048, 31642, 31635, 31999, 33624 & 33970 of 2019 and W.M.P.Nos.31843, 34097, 26424, 26427, 31688, 31841,24448, 31692, 31845, 32246, 32248, 32323, 31693, 15861 to 15863, 31846, 31847, 31849, 31850, 31851, 9386, 34093 & 34095 of 2019 W.M.P.Nos.20965 of 2021 W.P.No.31501 of 2019
1.S.Vinoth 2.P.Vadivel
3.A.David Xavier
4.M.Thiruppathi
5.C.Suresh ... Petitioners Vs.
1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai – 600 009.
2.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai - 600 009.
3.The State of Tamil Nadu Rep. by its Principal Secretary to Government, Higher Education Department, Secretariat, Fort St.George, Chennai - 600 009.
4.The Commissioner of Municipal Administration, O/o. The Commissionerate of Municipal Administration, Urban Administration Office Campus, 75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai – 600 028.
5.The Director of Public Health and Preventive Medicine, DMS Campus, 359, Anna Salai, Teynampet, Chennai 600 006.
6.The Director, Directorate of Town Panchayat, 75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai – 600 028.
7.The Commissioner, Corporation of Chennai, Chennai 600 003.
8.The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai 625 021.
9.WASH Institute, (Affiliated to Madurai Kamaraj University), Rep. by its Principal, Katiranampatti Pirivu, Reddiyarchatram, Dindigul District.
10.The Chairman, Expert Committee, O/o.the Commissioner of Municipal Administration, Urban Administration Office Campus, MRC Nagar, Raja Annamalaipuram, Chennai – 600 028. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned report of the Expert Committee dated 16.08.2019 issued by the tenth respondent and to quash the same and consequently to direct the respondents to consider the P.G. Diploma in Environmental Sanitation Science offered by Madurai Kamaraj University after 2010 as eligible qualification for appointment to the post of Sanitary Inspector based on the report of the fifth respondent viz., The Director of Public Health and Preventive Medicine dated 16.08.2018 with further directions to the State Government / Health and Family Welfare Department to decide the issue relating to equivalence of P.G. Diploma in Environmental Sanitation Science offered by the Madurai Kamaraj University by passing orders in the proposal forwarded by the Secretary, Higher Education Department vide Letter dated 30.04.2019.
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For Petitioners in : Mr.G.Sankaran For Petitioners in : M/s.D.Geetha W.P.Nos.16104, 33624 &
33970 of 2019 and For WASH Institute For Petitioners in : Dr.V.Suresh W.P.Nos.2467 & 1162 of 2018 & 31635, 6704, 6712 &
31642 of 2019 For Petitioners in : Mrs.B.Saraswati W.P.Nos.26482, 26553, 28062 & 28067 of 2018 For Petitioners in : Mr.R.Thirumoorthy W.P.Nos.27043, 27048 &
31999 of 2019 For Petitioner in W.P.(MD) : Mr.R.Sundar No.12923 of 2018 For impleading petitioner in : Mr.Lakshmi Naryanan W.P.No.31635 of 2019 -----------------
For State : Mr.L.S.M.Hasan Fizal Government Advocate For Expert Committee : Mr.V.P.R.Elamparithi Government Advocate For Corporation of Chennai : Mr.M.Ganesan For Madurai Kamaraj : M/s.Issac Chambers University For Gandhigram Rural : Mr.Sankaranarayanan Institute Additional Solicitor General Assisted by Mr.Ma.Pa.Thangavel For R8 to R10 in : Mr.K.Srinivasamurthy W.P.No.2467 of 2018 & For for M/s.Row and Reddy R8 to R27 in W.P.No.1162 of 2018 For R10 & R11 in : M/s.Nalini Chidambaran W.P.No.31635 of 2019 Senior Counsel for M/s.C.Uma
C O M M O N O R D E R
By this common order, all the eighteen (18) Writ Petitions are being disposed. Since 18 Writ Petitions are being disposed by this common order, this order is divided into 9 Parts as follows:-
| Part No. | Content | Paragraphs No. |
| 1 | Introduction | 2 - 4 |
| 2 | Brief case of the petitioners | 5 - 11 |
| 3 | Interims Orders of this Court | 12 - 26 |
| 4 | Government Orders and Development | 27 - 54 |
| 5 | Letter / Proceedings referred to in the reliefs | 55 - 78 |
| Part No. | Content | Paragraphs No. |
| sought for in these Writ Petitions | ||
| 6 | Submissions of the petitioners | 79 - 110 |
| 7 | Submissions of the official respondents | 111 - 114 |
| 8 | Discussion | 115 - 195 |
| 9 | Conclusion | 196 - 202 |
2. All these Writ Petitions relate to the appointment to the post of Sanitary Inspector based on the Diplomas offered by the following four different universities / institution namely:-
i. Gandhigram Rural Institute (Deemed to be University);
ii. Water Sanitation and Hygiene Institute (WASH Institute); iii. All India Training Institute of Local Self Government; and iv. Madurai Kamaraj University.
3. For the sake of convenience, these Writ Petitions are categorized into four categories i.e Institute wise as follows:-
C ategory 1: G andhigram Rural Institute (Deemed to be University)
| Sl. No. | W.P.No. | Prayer |
| 1 | W.P.(MD) No.12923/18 | For issuance of a Writ of Mandamus, to direct the first to fourth respondents (The Director Of Public Health and Preventive Medicine) to not to |
| Sl. No. | W.P.No. | Prayer |
| consider the certificate issued by the sixth respondent (WASH Institute) for the selection to the post of Sanitary Inspector in local bodies and any other Government Departments as per Letter dated 25.01.2016 bearing reference No.21349/Ma.Na.3/2015-3, on the file of the first respondent. (The State of Tamil Nadu Represented by its Principal Secretary) |
C ategory 2: W ater Sanitation and Hygiene Institute (WASH)
| Sl. No. | W.P.No. | Prayer |
| 2 | 28062 / 2018 | For issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent (The State of Tamil Nadu Represented by its Principal Secretary) in Letter No.20490/MC3/2017-3, Municipal Administration and Water Supply Department, dated 04.09.2018 and the subsequent order of the third respondent (The Commissioner of Greater Chennai Corporation), Public Health Department, Rippon Building, Chennai in Letter No.P.H.D.C.No.C2/5107/2018, dated 20.09.2018 and to quash the same and direct the first to sixth respondents to accept the applications, consider and appoint the petitioners to the post of Sanitary Inspectors. |
| 3 | 26553 / 2018 | |
| 4 | 28067 / 2018 | For issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent (The State of Tamil Nadu Represented by its Principal Secretary) in Letter No.20490/MC3/2017-3, Municipal Administration |
| 5 | 26482 / 2018 | and Water Supply Department, dated 04.09.2018 and the subsequent order of the third respondent (The Commissioner of Chennai Muncipal Administration) in ROC.No.17624/2017/J1 and to quash the same and direct the first to fifth respondents to accept the applications, consider and appoint the petitioner to the post of Sanitary Inspector. |
| 6 | 16104 / 2019 * | For issuance of a Writ of Mandamus, to call for the records in Letter No.20490/MC3/2017-3, dated 04.09.2018 issued by the first respondent (The State of Tamil Nadu Represented by its Principal Secretary), quash the same and direct the first to fourth respondents to include the PG Diploma Course in Environmental Sanitation Science (Sanitary Inspector Course) Certificate issued by the seventh respondent (Madurai Kamaraj University) t |
