V. CHANDRALEGA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition is filed for issuance of writ of Certiorarified Mandamus, to quash the impugned Provisional Selection List issued by the 3rd respondent, dtd. 4/11/2022 in so far as non- inclusion of petitioner's name in the selection list and the subsequent impugned order issued by the 2nd respondent, dtd. 30/12/2022 and consequently to direct the respondents to include the name of the petitioner in the selection list for appointment to the post of Dark Room Assistant based on the marks secured by the petitioner in the selection by reckoning CRA candidates with or without Science in Higher Secondary Course as single category in accordance in accordance with Special Rules for Tamil Nadu Medical Subordinate Service as amended.

(2.) The petitioner belongs to SC community and has completed 10th and 12th standard. Thereafter, she passed the "Certificate of Radiological Assistance" course (one year) (hereinafter mentioned as CRA) which is a paramedical course. The candidates qualified with HSC in any subject shall be eligible for admission in CRA course. The petitioner has passed HSC in non-science subject, hence is eligible to be admitted in CRA course. The petitioner completed the course in the year 2009-2010. The post of Dark Room Assistant is governed by Special Rules for Tamil Nadu Medical Subordinate Service. Originally, the special rules had prescribed the qualification for the Dark Room Assistant as follows: "Category-4 Dark Room Asst- Certificate of having successfully completed the training course for Dark Room Assistant provided that preference shall be given to candidate who have passed the C.R.A. Examination."

(3.) As per the proviso, if the candidates with certificate of DRA are not available, the candidates with CRA shall be considered for the appointment to the DRA post. Consequent to this amendment the candidates qualified with HSC in non-science subject with CRA was not considered for appointment, hence some 140 candidates were affected and they submitted representations. Thereafter, the Government issued G.O.Ms.No.104, Health and Family Welfare Department, dtd. 26/2/2021, with a direction to the 2nd and 3rd respondents to fill up the vacancy in the post of Dark Room Assistant from the candidates who passed HSC without Science and possess CRA qualification to meet out the COVID-19 pandemic situation and further, directed to send the necessary proposals to amend the special rules. Thereafter, the second respondent forwarded a proposal to the Government and based on the same, the State Government issued G.O.Ms.No. 385, Health and Family Welfare Department, dtd. 27/8/2021, amending the special rules by substituting the following proviso: