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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MANINDRA MOHAN SHRIVASTAVA, CJ, SUNDER MOHAN, J
D.Ghouse Basha – Appellant
Versus
Government of India Rep. by its Secretary Ministry of Health and Family Welfare Nirman Bhavan New Delhi 110 011 – Respondent
| Table of Content |
|---|
| 1. challenging recruitment criteria based on qualifications. (Para 2) |
| 2. disparity in qualifications for different recruitment methods. (Para 3 , 4) |
| 3. validity of eligibility criteria for post of cold chain officer. (Para 5 , 6 , 7 , 8 , 9) |
| 4. tests for arbitrariness in subordinate legislation. (Para 10 , 11) |
| 5. manifest arbitrariness grounds for legislative action. (Para 12 , 19) |
| 6. judicial review scope regarding legislative enactments. (Para 15 , 18) |
| 7. competence of framing recruitment rules. (Para 20 , 21) |
| 8. eligibility for recruitment is determined by expert bodies. (Para 22 , 23 , 24) |
| 9. judgment dismissal without costs. (Para 25) |
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
In this petition, under Article 226 of the Constitution of India , petitioner has sought following reliefs:
“To declare the adhoc rules issued in G.O.Ms.No.1016, Health and Family Welfare Department, dated 08.07.1991 (as amended in G.O.Ms.No.643, Health and Family Welfare Department dated 10.06.1994 and G.O.Ms.No.8, Health and Family Welfare Department dated 03.01.1996) relating to the post of Cold Chain Officer in the Tamil Nadu Public Health Service are null and void insofar
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