This petition sought a writ of mandamus directing appointment of the petitioner as a Multipurpose Health Worker. The court dismissed the petition, holding that the respondent had no fault in refusing appointment as the petitioner failed to clear training from recognised institutions as per adhoc rules.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.08.2014
CORAM
THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN
W.P.NO.29191 OF 2012
AND M.P.NOS.1 AND 2 OF 2012
R.Sundari .. Petitioner
Versus
1. The Director
Medical Services Recruitment Board
7 th Floor, DMS Buildings,
359, Anna Salai, Chennai – 600 006.
2. The Member Secretary
Board of Medical Education
Government of Pudhucherry (U.T)
Pudhucherry.
3. Vinayaka Mission Institute of Technology
and Paramedical Sciences
Rep. By Vinayaka Mission Medical College
Cuddalore Main Road,
Kirumumbakkam,
Puducherry – 607 402. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the first respondent to appoint the petitioner for the post of Multipurpose Health Worker (Female) for the year 2012-2013 based upon her qualification and also her employment seniority.
For Petitioner : Mr.S.Kumara Devan For Respondents 1 : Mr.R.Ravichandran Additional Government Pleader For Respondent 2 : Mr.K.Sridharan Government Advocate (Pondicherry)
O R D E R
The petitioner studied +2 in Government Girls Higher Secondary School, Kilpennathur, Tiruvannamalai District and secured 67%. She studied B.Com through correspondence at Annamalai University and got degree in May 2000. She joined R.M. College of Paramedical Sciences, Pondicherry for Multipurpose Health Worker (Female) course. According to her, she studied from 20.10.2000 to 12.06.2002 and secured first class in the said course. She registered her name before the Tamil Nadu Nurses and Midwives Council (Constituted under the Tamil Nadu Nurses and Midwives Act III of 1926) Chennai, as Auxillary Nurse and Midwife.
2.The petitioner received a letter dated Nil 09.2012 from the first respondent to appear for certificate verification for the post of Multipurpose Health Worker (Female). In the said letter it is stated that the name of the petitioner was sponsored by the District Employment Exchange. It is also stated in the said letter that candidates should possess the academic qualification of S.S.L.C or equivalent and should have undergone 18 months Training Course in Multipurpose Health Worker (Female) and should have registered in Tamil Nadu Nursing Council. The petitioner was directed to produce the certificate that she was trained in the following recognised institutions.
“List of Recognised Institutions Government Institutions
1.Health & Family Welfare Traning Centre, Madurai
2.Health and Man Power Development Institute, Salem & Villupuram
Private Institutions
1.Sagaya Madha Hospital, Trichy
2.Sir. Ivan Stedford Hospital, Ambattur, Chennai – 53
3.Holy Family Hansenorium, Trichy
4.VHS, Adyar, Chennai
5.Sevasamajam, Chennai
6.CD Hospital, Tondiarpet, Chennai
7.Durgabai Deshmukh Hospital, Adyar, Chennai
8.Kasthuribai Hospital, Gandhigram, Dindigul District
3.Admittedly, the petitioner was not trained in the aforesaid institutions for appointment to the post of Multipurpose Health Worker (Female). In these circumstances, the petitioner was not selected. Hence, she has filed the present writ petition seeking direction to the first respondent to appoint her as Multipurpose Health Worker (Female) based upon her qualification.
4.Counter affidavit is filed by the first respondent refuting the allegations made by the petitioner in the writ petition.
5.It is stated in the counter affidavit that as per the Adhoc Rules issued in G.O.Ms.No.1507, Health, Indian Medicine, Homeopathy and Family Welfare Department, dated 16.08.1989, the qualification prescribed for appointment to the post of Village Health Nurse (VHN) is a pass in S.S.L.C and one should have undergone 18 months training course in Multipurpose Health Worker (Female) in a recognised institution. It is further stated that the R.M. College of Paramedical Sciences, Pondicherry is not an approved institution by the Director of Public Health and Preventive Medicine. Hence, the petitioner was not eligible for appointment to the post of Multipurpose Health Worker in the Tamil Nadu Government Medical Institutions. Further, it is stated that on verification of certificate, it was found that the petitioner has not undergone the 18 months training course in the institutions that are recognised by the Adhoc Rules.
6.In para 8 of the counter affidavit, the details of the recognised Government as well as private institutions are given and the same is extracted hereunder:
“RECOGNISED GOVERNMENT INSTITUTIONS
1.MPHW (F) Training School, Cuddalore District at Villupuram 2.MPHW (F) Training School, Tirunelveli at Salem
3.MPHW (F) Training School, Ramanathapuram at Madurai
4.MPHW (F) Training School, Kasturbai Hospital, Gandhigram, Dindigul District.
RECOGNISED PRIVATE INSTITUTIONS FOR MPHW
1.Sagaya Madha Hospital, Trichy
2.Sir. Ivan Stedford Hospital, Ambattur, Chennai – 53 3.Holy Family Hansenorium, Trichy 4.Voluntary Health Services, Adyar, Chennai 5.Sevasamajam, Chennai 6.CD Hospital, Tondiarpet, Chennai 7.Durgabai Deshmukh Hospital, Adyar, Chennai
7.Since the petitioner did not secure qualification from the above recognised institutions, she was not selected and appointed.
8.Heard the submissions made on either side and perused the materials available on record.
9.The petitioner has sought appointment as Multipurpose Health Worker (Female). But the same was declined on the ground that she has not undergone the 18 months training course in the institutions that are recognised in the adhoc rules. In these circumstances, I am of the view that no fault can be attributed to the first respondent in not selecting and appointing the petitioner. The petitioner, as a matter of right, cannot seek appointment to the
post of Multipurpose Health Worker (Female) and the appointment shall be made only in accordance with the rules. Hence, I do not find any infirmity in not selecting and appointing the petitioner.
10.In fine, the writ petition fails and the same stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/Assistant Registrar(CS-IV) Dated: 26.08.2014
//True Copy//
Sub Assistant Registrar
To
1. The Director
Medical Services Recruitment Board
7 th Floor, DMS Buildings,
359, Anna Salai,
Chennai – 600 006.
2. The Member Secretary
Board of Medical Education
Government of Pudhucherry (U.T)
Pudhucherry.
1 CC to Mr.S.Kumara Devan, Advocate SR.No.36529
1 CC to the Government Pleader, SR.No.37011
1 CC to the Senior Government Pleader cum PP, Puducherry, Sr.36617
W.P.NO.29191 OF 2012
RSI(CO)
JJM (27.08.2014)
2 issues framed by the court
Whether the petitioner is entitled to appointment as Multipurpose Health Worker (Female) despite lack of training in recognised institutions.
Whether the recruitment board acted correctly in rejecting the petitioner's application due to non-compliance with training norms.
2 provisions across 2 enactments
R. Sundari
The Director, Medical Services Recruitment Board
Member Secretary, Board of Medical Education
Vinayaka Mission Institute of Technology
D. Hariparanthaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
