The High Court dismissed a writ petition challenging the rejection of the petitioner's candidature for the post of Radiographer. The Court held it cannot substitute prescribed qualifications in selection notifications and noted the petitioner's certificate was not equivalent to the required diploma.
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W.P.No.3556 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.No.3556 of 2018
G.Vijayakumar
...Petitioner
-Vs-
1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai – 600 009.
2.The Member Secretary, Medical Services Recruitment Board, 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai – 600 006.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent in ref.No.Health and Family Welfare Department Letter No.38879/C2/2017-2 dated 07.12.2017 Hevilambi, Karthigai 21, Thiruvalluvar Aandu 2048 and quash the same and consequently direct the 1st
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respondent to consider the petitioner qualification with Certificate of Radiological Assistant [CRA] also as qualification for selection to the post of Radiographer for the notification No.09/MRB/2017 dated 22.08.2017.
For Petitioner : Mr.V.Stalin
For R1 & R3 : Mr.T.Chezhiyan Additional Government Pleader For R2 : No Appearance
ORDER
The petitioner's candidature for the post of Radiographer in the notification dated 22.08.2017 was not considered. Challenging the rejection of his candidature, the present writ petition has been filed.
Recruitment Board (MRB), calling for applications for the post of Radiographer, the following qualification has been prescribed:-
| Sl.No. | Name of thepost | Qualification |
|---|---|---|
| 1. | Radiographer | Must have passed two years Diploma course in Radio |
| Diagnosis Technology conducted by the Board of | ||
| Para Medical Education under the Directorate of | ||
| Medical Education, Government of Tamil Nadu at | ||
| Government Medical Institution or from any other | ||
| Institution recognized by the Government of Tamil Nadu for this purpose. |
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Index:Yes/No Speaking order/Non-speaking order hvk
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M.S.RAMESH,J.
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2 issues framed by the court
Whether the High Court can exercise its powers under Article 226 to substitute the qualification prescribed in a government notification issued for a selection process.
Whether the petitioner's possession of a Certificate of Radiological Assistant meets the requirement of a Diploma in Radio Diagnosis Technology for the post of Radiographer.
2 provisions across 2 enactments
G. Vijayakumar
State of Tamil Nadu
Member Secretary, Medical Services Recruitment Board
Director of Medical Education
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
