S BALAMURUGAN Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) The prayer sought for in this writ petition is to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notification No.01/MRB/2018 dated 13.02.2018 issued by the 3rd respondent and quash the same in respect of fixation of Maximum Age Limit for OC category candidates as 40 years Under Clause 6.A(a) of the impugned notification and consequently direct the respondents to extend the benefits of the government order in G.O.(2D) No.47 Health and Family Welfare (IM2(1)) Department dated 02.04.2018 to the OC candidates by issuing appropriate corrigendum/errata notification for extension of time to apply for selection for appointment to the post of Pharmacist (Siddha) so as to enable OC candidates to enjoy the benefit of G.O.(2D) No.47 dated 02.04.2018.

(2.) The short facts that are to be noticed, for the disposal of the writ petition are as follows:- The petitioner is a Diploma holder in Pharmacy (Siddha). After completion of Diploma course, the petitioner was appointed as Siddha Dispenser under National Rural Heath Mission (NRHM), Alathur Primary Health Center, Pattukottai, Thanjavur District from the year 2009, for about two years. As of now, the petitioner is not in any Government employment. He belongs to the Forward Caste (FC) Community and based on his qualification, he would be entitled to participate in the selection process under General Category for appointment to the post of Pharmacist (Siddha).

(3.) The Government issued an order under G.O.(2D).No.55 Health and Family Welfare (C1) Department dated 06.07.2012 and thereby, it was decided by the Government, as a policy decision, to grant age concession to those who do not get age relaxation on par with other communities, who were enjoying the age concession as per Rule 12(d)(i) of General Rules, as one time measure for a specified period, and accordingly, it was specifically directed by the Government that, the upper age limit prescribed for appointment to the post of Pharmacist was removed for all as one time measure, for a period of 5 years, from the date of issuance of the said Government order. By virtue of G.O.Ms.No.55 dated 06.07.2012, all the candidates irrespective of their communities, were allowed to participate in the selection process unmindful of their age.