MEDICAL SERVICES RECRUITMENT BOARD Vs. A KOLAMUTHU

JUDGEMENT

(1.) The Medical Services Recruitment Board/ the appellant herein has been constituted exclusively for Health and Family Welfare Departments so as to centralise the mode of direct recruitment to all categories existing in Health and Family Welfare Department. After the constitution of Medical Services Recruitment Board, the recruitment to all categories are only done by the appellant from the year 2012.

(2.) The appellant has issued a notification for the post of 'Radiographer' to fill up 243 vacancies during the year 2013. After obtaining the list of candidates sponsored by the Directorate of Employment and Training, Guindy, Chennai, all the candidates including the first respondent in this Appeal were called for certificate verification for the post of 'Radiographer'. The first respondent has attended certificate verification on 08.04.2013. At the time of verifiying the certificate, it is stated by the appellant that the first respondent did not possess the essential qualification as prescribed for the post of 'Radiographer' as per the Special Rules in existence at that time. The required qualification was certificate in Radiological Assistant (CRA) course. The first respondent, though possessed Diploma in Radio Diagnosis Technology, was not selected for the post of Radiographer. Since the first respondent in this Appeal was found by the appellant as ineligible as per the Special rules in existence at that time, he was not selected for the post of 'Radiographer'.

(3.) It is also admitted that four candidates, who were not selected for the post of Radiographer, but they possessed Diploma in Radio Diagnosis Technology (DRDT), have filed Writ Petitions in W.P.(MD).Nos. 7152, 7153, 7188 and 7213 of 2013 before the Madurai Bench of Madras High Court, with a prayer to issue appropriate advertisement for the post of Radiographer either by earmarking reservation for Diploma holders or by fixing ratio between the Diploma in Radio Diagnosis Technology holders and Certificate in Radiological Assistant and thereby consider the case of the petitioners. The Madurai Bench of Madras High Court, has allowed the Writ Petitions filed by the petitioners therein and directed the respondents to appoint them in the available vacancies without waiting for approval of amendment of the rule.