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2024 Supreme(Online)(MAD) 22898

HIGH COURT OF MADRAS
Hon`ble Mr.Justice ABDUL QUDDHOSE
R.MUTHUSIVAN S/O.S.M.RAMASA – Appellant
Versus
GOVERNMENT OF TAMIL NADU – Respondent
W.P.(MD) No.11169 of 2017



Advocates:
Mr.V.Kannan for Petitioner, Mr.T.Amjad Khan Government Advocate for Respondents

A candidate must fulfill all specified qualifications to be eligible for selection, and ignorance of these requirements does not excuse non-compliance.

Headnote:

Qualifications - Medical Record Technician - Tamil Nadu Medical Subordinate Services - The court upheld the exclusion of the petitioner from the selection panel due to non-fulfillment of the requisite qualifications, specifically the Higher Secondary Certificate.

Fact of the Case:

The petitioner challenged the exclusion of his name from the selection panel for Medical Record Technician, claiming he met all qualifications. The respondents countered that he lacked the necessary Higher Secondary Certificate.

Finding of the Court:

The court found that the petitioner did not satisfy the qualification of having a Higher Secondary Certificate, which was a prerequisite for inclusion in the selection panel.

Issues: Whether the petitioner was wrongfully excluded from the selection panel for failing to meet the required qualifications for the post of Medical Record Technician.

Ratio Decidendi: The court concluded that the petitioner’s lack of a Higher Secondary Certificate justified his exclusion from the selection panel, as it was a mandatory qualification.

Final Decision: The writ petition is dismissed.

O R D E R

This writ petition has been filed challenging the impugned order, dated 10.03.2017, passed by the second respondent, wherein the petitioner's name has not been included in the panel for selection to the post of Medical Record Technician for the year 2016-2017.

2. According to the petitioner, even though he possesses all the requisite qualifications required for inclusion of his name in the aforesaid panel, his name has been erroneously excluded.

3. A counter affidavit has been filed by the respondents denying the contentions of the petitioner in this writ petition.

4. Even though the learned counsel for the petitioner would submit that for the post of Medical Record Technician, there is no requirement to produce Pre-University or Higher Secondary Certificate, the following qualifications are required for the appointment to the post of Medical Record Technician in the Tamil Nadu Medical Subordinate Services :

(a) Pass in Pre-University or Higher Secondary Certificate.

(b) Pass in Typewriting both in English and Tamil by lower grade on the crucial date.

(c) Certificate issued by the authorities of C.M.C.Hospital, Vellore, or any other Medical Institution approved by the Government of India or Government of Tamil Nadu for having successfully completed the Medical Record Technician Training for a period of six months.

5. The petitioner has filed this writ petition on the mistaken assumption that his name was not included in the panel for selection to the post of Medical Record Technician due to non-production of the pass certificate in Typewriting both in English and Tamil by lower grade on the crucial date. However, as seen from the counter affidavit filed by the respondents before this Court, the petitioner's name has not been included only due to the fact that he did not possess the requisite Higher Secondary Certificate as per the first qualification requirement, referred to supra.

6. Learned counsel for the petitioner would submit that there was no requirement for the petitioner to possess Higher Secondary Certificate for the purpose of his name being included in the panel for selection to the post of Medical Record Technician. However, as seen from the requirements, as illustrated in the counter affidavit filed before this Court by the respondents, it is clear that pass in Pre-University or Higher Secondary Certificate is a prerequisite condition for the petitioner's name being included in the panel for the year 2016-2017 for the post of Medical Record Technician. Though the petitioner may possess pass in the Typewriting both in English and Tamil by lower grade on the crucial date, necessarily he has to satisfy the first requirement as well, namely, pass in Pre-University or Higher Secondary Certificate. Having not satisfied the said requirement, this Court does not find any merit in this writ petition, as the respondents have rightly excluded the name of the petitioner in the panel for selection to the post of Medical Record Technician for the year 2016-2017.

7. Learned counsel for the petitioner, at this juncture, would submit that in all the exchange of correspondences, it was intimated to the petitioner that only due to the fact that he did not possess pass in Typewriting both in English and Tamil by lower grade on the crucial date, he is not entitled to be included in the panel for selection to the post of Medical Record Technician and only for the first time, in the counter filed by the respondents before this Court, the respondents have stated that pass in Pre-University or Higher Secondary Certificate is also a qualification required by the petitioner to be satisfied.

8. As a person in Government Service, the petitioner must be fully aware of the requisite conditions to be fulfilled for being appointed to the post of Medical Record Technician. Just because he was not put on notice by the respondents about the requisite qualifications for being appointed to the post of Medical Record Technician, he cannot plead ignora

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