R JOSEPH JAYAKUMAR Vs. L KRISHNAVENI

JUDGEMENT

(1.) This order shall govern the above writ petitions, wherein the petitioners have sought for the relief of a writ of certiorarified mandamus to call for the records on the file of the first respondent in G. O. (Ms)No.39, Health and Family Welfare (C2) Department, dated 5.2.2007 and Govt. Letter No.52378/c2/2006-3, dated 3.5.2007, and also the order of the second respondent in his proceedings Ref. No.5289/e5/4/2006, dated 24.01.2007 respectively, and to quash the same and to direct the respondents to treat the candidates who have passed the Diploma in Medical Laboratory Technology Course of two years duration as well as the Certificate in Medical Laboratory Technology course of 1 year duration respectively, conducted by the Institutions recognized by the Government of Tamil Nadu for appointment to the post of Lab Technician Grade-II.

(2.) The court heard the learned counsel on either side. The affidavits filed in support of the petitions are perused.

(3.) The case of the petitioners in all the petitions in short is that the petitioners are affected by the orders of the first respondent, dated 5.2.2007 and 3.5.2007 and also the order passed by the second respondent, dated 24.01.2007, whereby preferential treatment is given to the candidates of 2 years Diploma in Medical Laboratory Technology (DMLT) course; that the petitioners belonged to one category; that they are all in possession of a Certificate in Medical Laboratory Technology (CMLT) of one year course; that the State has issued a Government Order in G. O. (Ms) No.39, Health and Family Welfare (C2) Department, dated 5.2.2007, to appoint the eligible candidates to the post of Lab Technicians; but, the Government, without considering the history in prescribing the qualification, has given preference for the candidates, who have completed DMLT; that the qualification prescribed by the Government for the appointment to the post of Lab Technician of Grade I and II, was CMLT; that the CMLT course was introduced in the year 1986 with a promise that the students who passed that course, would be considered for appointment in the Government service; that the various institutions including the King Institute, stopped conducting CMLT course; that only in the year 1995, it has reintroduced the said course in an another form namely Diploma in Medical Lab Technician (DMLT) course, prescribing two academic years of study; that the syllabus offered in both CMLT and DMLT is one and the same; that when the petitioners studied CMLT course, there was no DMLT course offered; that upto the year 2007, both the candidates of CMLT and DMLT were treated alike for appointment in the Government service; that while so, now, the first respondent, without any cause, has given preference for DMLT arbitrarily; that the same is illegal and under these circumstances, these writ petitions have been brought forth.