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2024 Supreme(Online)(MAD) 29085
HIGH COURT OF MADRAS
L.Victoria Gowri, J
Aristatil.S – Appellant
Versus
The Government of Tamil Nadu – Respondent
W.P.(MD)Nos.18405, 26269, 18375, 18407, 18411, 18494, 18551, 18595, 18598, 18630, 18716, 18858, 18882, 19976, 19998, 25121 of 2023 and 5272 of 2024
For Petitioners:Mr.M.Sricharan Rengarajan For Mr.A.Thirumoorthy For Respondents 1 to 3:Mr.P.Veera Kathiravan, Additional Advocate General Assisted by Mr.D.S.Nedun Cheliyan Government Advocate For 4th Respondent: Mr.V.Ramesh, Standing Counsel
The court ruled that the recruitment notification violated constitutional rights and reservation rules, emphasizing fair treatment for those who served during the pandemic.
Headnote:(A) Constitution of India - Articles 14 and 16 - Tamil Nadu Government Servants Conditions of Service Act, 2016 - Tamil Nadu appointment on preferential basis in the services under the State of Persons Studied in Tamil Medium Act, 2010 - Writ petitions filed to quash Notification No.06/MRB/2023 for direct recruitment of Health Inspectors Grade II, challenging exclusion of candidates with COVID-19 service experience and discriminatory selection criteria - Court found the notification violated constitutional provisions and reservation rules, leading to arbitrary selection processes. (Paras 1, 17, 18, 22)
(B) Employment Law - Temporary vs. Permanent Employment - Court emphasized that temporary employees cannot be replaced by other temporary employees, highlighting the need for regularization of services for those who served during the pandemic. (Paras 17.2, 22.6)
(C) Recruitment Policy - Court upheld the need for a rational method of selection that does not discriminate between candidates with different qualifications, ordering the issuance of fresh notifications. (Paras 22.9, 23)
Facts of the case:
Petitioners, engaged as Health Inspectors during the COVID-19 pandemic, sought regularization and preferential treatment in recruitment based on their service. They challenged the recruitment notification that excluded their experience and imposed discriminatory selection criteria.
Findings of Court:
The impugned notification was quashed for violating Articles 14 and 16, and the court directed the issuance of a new notification that adheres to constitutional mandates.
Issues: Whether the recruitment notification violated constitutional rights and reservation rules, and whether the selection process was discriminatory.
Ratio Decidendi: The court ruled that the notification's provisions were unconstitutional, emphasizing the need for fair treatment of those who served during the pandemic and the importance of adhering to established reservation policies.
Result: Writ petitions allowed; Notification No.06/MRB/2023 quashed.
COMMON ORDER
All these Writ Petitions came to be filed, to quash the impugned Notification No.06/MRB/2023, dated 11.07.2023, of the Medical Recruitment Board and consequently seeking the following reliefs:-
I. To direct the respondents to absorb the petitioners in the post of Health Inspector Grade II on the basis of the priority for the COVID-19 duties rendered by the petitioners in the light of the circular issued by the Government of India, Ministry of Health and Family Welfare, dated 03.05.2021.
II. To direct the respondents to appoint the petitioner as Health Inspector by considering his service experience as Health Inspector under the National Mission, which is implemented by the first and third respondents.
III. To direct the respondents to give preference to the petitioners by offering weightage to their previous service of 20 months rendered for COVID-19 duties and further service rendered by them from December 2021 under National Health Mission and select the petitioners for appointing them as Health Inspectors Grade II in the vacancies, for which the recruitment has been notified.
IV. To direct the respondents to consider the petitioners for regular recruitment as Health Inspector on preferential basis, considering their 2 years Health Inspector course with 6 months “Part – III - Field Training” and the marks secured against the total 1050 marks prescribed for 2 years of 2017 - 2019 and 20 months of COVID-19 life threatening service and further continuation in service from April 2020 till date.
V. To quash the impugned G.O.Ms.No.299, Health and Family Welfare (L1) Department, dated 12.09.2023, issued by the first respondent and further consider the petitioners for regular recruitment as Health Inspector Grade II on preferential basis, considering their 2 full years of services Health Inspector.
VI. To quash para 7(a) and 7(b) relating to the procedure for selection in impugned recruitment Notification No.06/MRB/2023, dated 11.07.2023.
VII. Deviating from other petitions in W.P.(MD)No.18411 of 2023, the the consequential relief sought for is to permit the petitioners, who have studied 1 year Health Sanitary Inspector (NSQF) course offered by the Ministry of Skill Development and Entrepreneurship under the guidance of the Directorate of General Training, Government of India, to participate in the recruitment to the post of Health Inspector Grade II within a stipulated period of time.
2.All the writ petitioners herein were appointed as Health Inspectors Grade II on 28.04.2020, that is, during COVID-19 pandemic period. All the writ petitioners possess basic qualification of SSLC and higher secondary with two years Multipurpose Health Worker (male)/Health Inspector/Sanitary Inspector Training course conducted by the Board of Examinations of the Department of Public Health and Preventive Medicine of the Government of Tamilnadu. Pursuant to the communication of the second respondent in R.No.26666/MP.1/S1/2020, dated 15.04.2020, the third respondent, that is, the Deputy Directors of Health Services concerned, appointed the petitioners as Health Inspector Grade II in the Primary Health Centers in Thoothukudi and other Southern districts on a monthly consolidated pay of Rs.20,000/-, to carry out COVID-19 health and preventive works from 28.04.2020, that is, on the sudden breakout of COVID-19 pandemic in the State of Tamilnadu.
3.Accordingly, the petitioners have worked from 28.04.2020 to December 2021, that is, for a period of one year and eight months. Thereafter, on due certificate verification and preference as decided by the selection committee along with weightage based scoring, the third respondent had appointed the petitioners as Health Inspector Grade II in the National Health Mission, that is, Makkalai Thedi Maruthuvam Scheme for a meager and lesser monthly salary of Rs.11,000/- and now the petitioners are working in the service of the Government of Tamilnadu under the bonafide expectation of regularization of their service an
