Two Years Diploma Medical v. The State of Tamil Nadu

Madras HC2 Sept 2025WP/26209/2019

Case brief

AI extract

What is this about?

Lab Technician Grade-II direct recruitment; two-year DMLT diploma preference; Medical Services Recruitment Board (MRB); Notification No.8/MRB/2016 dated 31.01.2016; 524 vacancies; Tamil Nadu Medical Subordinate Service; King Institute of Preventive Medicine; writ closed as grievance redressed / infructuous; W.P.(MD).No.68 of 2010 dated 08.02.2010 (Madurai Bench Division Bench); Article 226 certiorarified mandamus; letter Ref.No.61395/E5/2/2019 dated 05.08.2019; no costs.

What did the court decide?

No substantive relief; the writ petition was closed as the petitioner's grievance stood redressed (all vacancies notified under Notification dated 31.01.2016 having been filled with DMLT-qualified candidates), with no costs; connected miscellaneous petitions also closed. ¶¶64

Two Years Diploma Medical Vs The State of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the 5th respondent (Medical Services Recruitment Board) should be directed to fill up the existing vacant posts of Lab Technician Grade-II by direct recruitment pursuant to Notification No.8/MRB/2016 dated 31.01.2016 as per the Tamil Nadu Medical Subordinate Service procedure, giving preference to candidates possessing the two-year Diploma in Medical Laboratory Technology, in terms of the Division Bench decision in W.P.(MD).No.68 of 2010. +1 more

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Ratio / Principle

On the categorical assertions in the respondents' counter affidavits, all vacancies notified under Notification dated 31.01.2016 were found to have been filled up with candidates who had pursued the two-year Diploma in Medical Laboratory Technology.

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Key takeaways

The relief sought by the petitioner through the writ petition has already been achieved and the grievance of the petitioner has been duly redressed.ratio¶¶60
In view of the above, the Writ Petition is closed with no costs, and consequently the connected miscellaneous petitions (WMP.Nos.25584 and 25582 of 2019) are also closed.ratio¶¶64

Detailed headnote1 paragraphs

Madras High Court (T. Vinod Kumar, J.), WP No. 26209 of 2019, decided 02-09-2025: The petitioner association of two-year Diploma in Medical Laboratory Technology (DMLT) holders sought a writ of certiorarified mandamus under Article 226 to quash a letter Ref.No.61395/E5/2/2019 dated 05.08.2019 of the 2nd respondent and to direct the Medical Services Recruitment Board to fill vacant Lab Technician Grade-II posts notified vide Notification No.8/MRB/2016 dated 31.01.2016 (524 vacancies) with preference to candidates possessing the two-year DMLT diploma conducted by the King Institute of Preventive Medicine or recognised institutions, per the Division Bench decision in W.P.(MD).No.68 of 2010 dated 08.02.2010. The respondents stated in counter affidavits that all 524 notified vacancies were filled by candidates possessing DMLT qualification. Holding that the relief sought had already been achieved and the grievance duly redressed, the Court closed the writ petition with no costs and closed the connected miscellaneous petitions (WMP.Nos.25584 and 25582 of 2019).

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WP No. 26209 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02-09-2025

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CORAM

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THE HONOURABLE MR.JUSTICE T. VINOD KUMAR

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WP No. 26209 of 2019 & WMP.Nos.25584,25582 of 2019

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Two Years Diploma Medical Laboratory Technician Association Rep by its Secretary Mr. N. Nivas Chakravarthy No 23/27- A Jhansi Rani Street NH-3, Maraimalai Nagar Kancheepuram District- 603209

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Petitioner(s)

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The State of Tamil Nadu

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Rep by its Secretary to Government Health and Family Welfare Department Fort.st.George, chennai-9

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2.The Director of Medical Education Directorate of Medical Education 162 EVR Periyar Salai Kilpauk chennai-10

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3.The Director of Medical and Rural Health Services Medical and Rural Health Services 361 DMS Complex Anna salai, Chennai-6

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https://www.mhc.tn.gov.in/judis

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WP No. 26209 of 2019

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4.The Director of Public Health and Preventive Medicine 7th Floor DMS Building 359 Anna salai Teynampet chennai-6

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5.The Medical Services Recruitment Board, rep by its chairman 7th Floor DMS building 359, Anna salai Teynampet chennai-6

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6.G.Venkatesan

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2/4 Ayyalu Nayakar street Murugapakkam Tindivanam Villupuram- 604001

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7.A.Malar Vizhi

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254- L2, Indarani Nagar Narasothipatty Reddiyir Salem- 636004

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Respondent(s)

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PRAYER Writ Petition filed under Art.226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records relating to the letter having REF.NO 61395/E5/2/2019 dated 5.8.19 by the 2nd Respondent to the 4th Respondent and quash the same and consequently direct the 5th Respondent to fill up the existing vacant posts of lab technician grade- II by Direct Recruitment pursuant to notification dated 31,1,16 HAVING ref.no 8/MRB/2016 as per the Procedure set out in the Tamil Nadu Medical Subordinate service by giving preference to the candidates possessing Diploma in Medical laboratory technology course of two years duration conducted by the King Institute of Preventive Medicine or from any other Institutions recognized by the Govt of Tamil Nadu for this Purpose as per the decision of the Division Bench of Madurai Bench of this Hon'ble court in WP(MD) NO 68/2010 dated 8.2.10

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https://www.mhc.tn.gov.in/judis

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WP No. 26209 of 2019

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For Petitioner(s): Mrs. C.Uma

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For Respondent(s): Mr. E. Sundaram GA for R1 to R4 Mr. L.Murugavel f or R-5

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ORDER

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Heard Mrs.C.Uma, learned counsel for the petitioner, Mr.E.Sundaram,

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learned Govt. Advocate appearing for the respondents 1 to 4 and

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Mr.L.Murugavel, learned counsel appearing for the 5th respondent and perused

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the records.

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By the present writ petition, the petitioner had sought for the relief of

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directing the 5th respondent to fill up the existing vacant posts of Lab Technician Grade-II by direct recruitment pursuant to notification dated 31.01.2016 as per

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the procedure set out in the Tamil Nadu Medical Subordinate Service by giving preference to candidates possessing Diploma in Medical Laboratory Technology

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Course of two years duration conducted by the King Institute of Preventive

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Medicine or from any other institutions recognised by the Govt. of Tamilnadu

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for this purpose as per the decision of the Hon'ble Division Bench of Madurai

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Bench of this Court in W.P.(MD).No.68 of 2010, dated 08.02.2010.

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https://www.mhc.tn.gov.in/judis

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WP No. 26209 of 2019

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th 3. Separate counter affidavits on behalf of the respondents 1 to 4 and 5

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respondent are filed. The 5th respondent, in paragraph 11 of the counter

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affidavit filed, had stated as under:

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'11. It is submitted that as per the rules governing the

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post of Laboratory Technician Grade-II, only in the absence of eligible candidates with Diploma in Medical Laboratory Technology (DMLT) qualification, the Candidates with Certificate course in Medical Laboratory Technology (CMLT) can be considered for the post. It is humbly submitted that the candidates called for certificate verification and provisionally selected were with possession of Diploma in Medical Laboratory Technology (DMLT) qualification for the 524 vacancies notified in Notification No.8/MRB/2016 dated 31.01.2016. In view of the above, the

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prayer to give preference for candidates with Diploma in Medical Laboratory Technology (DMLT) qualification has become infructuous.

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Learned counsel appearing on behalf of the 5th respondent submits that

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all the 524 vacancies notified vide notification dated 31.01.2016 have been

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https://www.mhc.tn.gov.in/judis

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WP No. 26209 of 2019

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filled up with candidates possessing diploma in Medical Laboratory

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Technology (DMLT) qualification and as such, the grievance of the petitioner

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has already been addressed and thus, the cause in the present writ petition does

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not survive for consideration and the writ petition has become infructuous.

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The respondents 1 to 4, by a common counter affidavit filed, have also

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taken the same stand except minor variation with regard to number of vacancies which have been filled up with candidates having two year diploma in Medical

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Laboratory Technology (DMLT) qualification.

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In view of the categorical assertions made by the respondents by the

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counter affidavits filed into this court of all the vacancies notified under Notification dated 31.01.2016 having been filled up with candidates who had pursued two year Diploma in Medical Laboratory Technology, the relief sought for by the petitioner through this court has already been achieved and as

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such, the grievance of the petitioner has been duly redressed.

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https://www.mhc.tn.gov.in/judis

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WP No. 26209 of 2019

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