G.UDAYA KUMAR Vs. THE PRINCIPAL SECRETARY

JUDGEMENT

(1.) The Recruitment Notification issued by the second respondent/ Medical Services Recruitment Board (MRB) in Notification No.01/MRB/2015, dated 12.09.2018 is sought to be quashed and a direction is sought for against the respondents to conduct the recruitment examination afresh for the selection of Nurses in the service of 1st respondent/department and pass further orders.

(2.) The cause for filing of the present writ petition arose on account of the fact that the respondents have appointed candidates over and above the notified vacancies in the recruitment conducted in the year 2015. The grievance of the writ petitioner is that they are not selected and no opportunity to participate in the process of selection was provided, which is in violation of the equality clause enunciated in the Constitution of India. Without even conducting the process of selection by following the recruitment rules in force, the respondents are going on appointing candidates, from and out of the unsuccessful candidates from the erstwhile list, with reference to the selection conducted by the second respondent, pursuant to the Notification given in the year 2015.

(3.) In other words, beyond the selected candidates, persons who have participated in the process of selection pursuant to the Notification dated 19.04.2015 were appointed, knowing the fact that those candidates were unsuccessful in the process of selection. According to the learned counsel for the writ petitioner, it is not only an illegal act but also in violation of the equality clause under Articles 14 and 16 of the Constitution of India. The learned counsel for the writ petitioner urged this Court by stating that if such appointments are allowed to continue, then the entire constitutional principles are violated and the respondents may not be correct in appointing the unsuccessful candidates from and out of selection list prepared pursuant to the recruitment notification of the year 2015.