Batch writ petitions challenged the selection list dated 08.02.2024 for Theatre Assistant posts, claiming incentive marks for Covid-19 work and priority for Tamil-medium candidates. The court found no such provision in the notification, held petitioners were outside the zone of consideration, and dismissed the petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.4094 of 2024, etc batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.4094, 4101, 4103, 4120, 4121, 4124, 4127, 4138 & 4142 of 2024 and WMP.Nos.4409, 4429, 4416, 4413, 4432, 4435, 4437, 4443 & 4448 of 2024
WP.No.4094 of 2024
V.Uma ... Petitioner
Vs.
PRAYER:
Writ Petition is filed under Article 226 of Constitution of India
praying to issue a writ of certiorari calling for records pertaining to
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W.P.No.4094 of 2024, etc batch
notification of the selected list vide CV intimation No.01/MRB/2023
dated 08.02.2024 issued by the respondent No.1 and to quash the same.
For Petitioner in all WP's : Mr.P.Vetrivel
For Respondents in all WP's
For R1 : Mr.L.Murugavelu, Standing Counsel For R2 : Mr.M.Brindan, Additional Government Pleader
COMMON ORDER
All the writ petitions have been filed challenging the
selection list dated 08.02.2024 for the post of Theatre Assistant.
subjects. They were also employed as Theatre Assistant in private hospitals. While being so, the first respondent issued notification
No.1/MRB/2023 dated 03.02.2023 inviting applications for direct
recruitment on temporary basis to the post of Theatre Assistant. The
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W.P.No.4094 of 2024, etc batch
qualification prescribed under notification is as follows:
| S. No. |
Name of the post | Qualification |
|---|---|---|
| 1 | Theatre Assistant | a.A Pass in Higher Secondary Course with the science subjects of Physics, Chemistry, Botany and Zoology or Physics, Chemistry and Biology and b. One Year certificate course in Theatre Technician conducted by the Government Medical Institutions under the control of the Director of Medical Education or in any other institutions recognized by the State or Central Government |
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W.P.No.4094 of 2024, etc batch
about the incentive marks awarded for the candidates who had worked during Covid 19 pandemic circumstances. Further, as per their marks obtained in 10 th , 12 th standard and their respective one year certificate course in Theatre Technician, they were not coming under the zone of consideration for selection to the post of Theatre Assistant. If at all the
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W.P.No.4094 of 2024, etc batch
petitioners are aggrieved by the notification itself, they should have challenged the notification itself. Now it also cannot be possible since after having been participated in the selection process, they cannot challenge the very notification itself on the ground that no incentive marks awarded for the work done during covid 19. Therefore, all the writ petitions are devoid of merits and liable to be dismissed.
Consequently, connected miscellaneous petitions are closed. There shall
be no order as to costs.
07.03.2024
Neutral citation: Yes/No Index: Yes/No Speaking/Non-speaking order lok
W.P.No.4094 of 2024, etc batch
G.K.ILANTHIRAIYAN, J.
lok
To
W.P.Nos.4094, 4101, 4103, 4120, 4121, 4124, 4127, 4138 & 4142 of 2024
07.03.2024
1 issue framed by the court
Whether petitioners who participated in the selection could challenge the notification for not providing incentive marks for Covid-19 work and Tamil medium priority.
1 provisions across 1 enactments
V. Uma
The Member Secretary, Medical Services Recruitment Board, Government of Tamilnadu
The Secretary, Health Department, Government of Tamilnadu
The Union of India, represented by its Secretary, Ministry of Health and Family Welfare
G.K. Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
