(Order of the Court was made by S.MANIKUMAR, J.) Taking note of the affidavit, dated 02.11.2017 and letter, dated 20.10.2017, of the Director of Medical Education, Chennai, on 02.11.2017, we recorded as hereunder: "In respect of the selection to the post of Lab-Technician III, the Principal Secretary to Government, Health & Family Welfare Department, Secretariat, Chennai 9, has filed an additional affidavit dated 2/11/207, details of which are extracted hereunder:- (i). As far as the post of Lab Technician Grade III is concerned, the requirement for the said post is a certificate in Medical Laboratory Technology Course (CMLT). As per the Director of Medical Education, the second respondent herein in its letter No.77575 / PME / 3/2017 dated 20.10.2017, the CMLT Course was earlier conducted by private institutions and was regulated from 1987 through G.O.Ms.No. 1438, Health and Family Welfare Department, dated 18.07.1987. It has also been informed by the second respondent that the candidates have been awarded with marks.
(ii). The Medical Services Recruitment Board the fourth respondent herein, has notified for 710 vacancies in the said post of Lab. Technician Grade III on consolidated pay basis vide its Notification No.1/MRB/2016 dated 10.1.2016. A total number of 5093 applications have been received, out of which 2352 have submitted their applications without marks. On analyzing the applications received by MRB, only 2 candidates who have completed before 1987 have applied and they have furnished the marks. Further 370 candidates have completed the CMLT Course between 1987 to 1996, of which, 284 have applied without marks. There are 3648 candidates who have completed the CMLT course from 1997 onwards, of which 1861 have applied without marks.
(iii). The candidates have been awarded with marks as indicated by the second respondent herein. If this Honble Court permits, all the 2352 candidates who have applied without marks, may be given a time limit to submit their marks to the fourth respondents herein and those applicants who submit their marks within the stipulated time will be taken in to consideration.
(iv). Since the basic educational qualification is HSC for the CMLT course from the year 1987, the weightage of marks will be fixed in the percentage of 50:30:20 respectively awarded for CMLT, HSC and SSLC in consonance with the G.O.(Ms) No.401, Health and Family Welfare (C2)Department, dated. 16.12.2014. As such the need to fill up the said post of Lab- Technician Grade -III is very essential, for welfare of the public.
2. In respect of the selection to the post of Lab-Technician II, the Principal Secretary to Government, Health & Family Welfare Department, Secretariat, Chennai 9, has filed an additional affidavit, dated 2/11/207,, details of which are extracted hereunder:- (i). As far as the post of Lab Technician Grade II is concerned, the requirement for the said post is:
a) Diploma in Medical Laboratory Technology course (DMLT). If the DMLT candidates are not available, CMLT (Certificate in Medical Laboratory Technician course) candidates can be considered. As per the details furnished by Director of Medical Education, the second respondent herein, in letter No. 77574/PME/3/2017 dated 20.10.2017, the Diploma Course in Medical Laboratory Technology (DMLT) was started only in the year 1994 and all the candidates have been awarded with marks from the first batch of candidates who have passed out in the year 1996.
(ii). Medical Services Recruitment Board, the fourth respondent herein, has Notified for 524 vacancies in the said post of Laboratory Technician GradeII vide Notification No. 8/MRB/2016, dated 31.01.2016. A total number of 9600 applications have been received out of which 7379 have applied with DMLT qualification and 212 have applied with CMLT qualification and 2009 have applied with qualification other than DMLT / CMLT. Since the number of DMLT candidates are sufficiently available, there is no need for consideration of CMLT candidates. Further, out of the 7379 candidates with DMLT qualification, 6065 have applied with marks and 1314 have applied without marks. Since all the candidates have been awarded with marks from commencement of the course, the 1314 candidates must also have been awarded with marks.
(iii). If the candidates given time limit to submit their marks to the fourth respondent and since HSC is the basic qualification for the DMLT course from commencement of the course, the weightage of marks will be fixed in the percentage of 50:30:20 awarded for DMLT, HSC and SSLC in consonance with the G.O.(Ms) No.401, Health and Family Welfare (C2) Department, dated. 16.12.2014. As such the need to fill up the said post of Lab- Technician Grade -II is very essential, for welfare of the public.
3. In respect of the selection to the post of Pharmacist, the Principal Secretary to Government, Health & Family Welfare Department, Secretariat, Chennai 9, has filed an additional affidavit, dated 2/11/207, details of which are extracted hereunder:-
(i). As per the details furnished by the Director of Medical Education, (who is the authority for the conduct / regulation of the course), in letter No.75520/BP(4)/2017 dated 20.10.2017, D.Pharm course is in existence from the year 1956. There are 2 educational regulations framed by the Pharmacy Council of India. As per Educational Regulation 1981 for D.Pharm course, the Basic educational qualification is SSLC for 2 years D.Pharm course and HSC (Science stream) for 1 year D.Pharm course. The Educational Regulation 1991 for the D.Pharm course was notified on 11.7.1992 and came into full force in 1994. As per the Educational Regulation 1991 for D.Pharm course, a two year programme, the basic educational qualification for eligibility to the course is HSC with Science stream.
(ii). Medical Services Recruitment Board, the second respondent herein, notified 333 vacancies for the post of Pharmacist vide its Notification No.6/MRB/2016, dated 31.1.2016. A total number of 15703 applications were received. Out of which, 78 applicants have not mentioned their marks. Further, 301 candidates have applied with their SSLC marks alone. Since marks have been awarded to the candidates from the commencement of the course, the 78 candidates should also have been awarded with marks.
(iii). Since 301 candidates do not possess HSC marks, the Diploma marks and SSLC marks alone for all the candidates applied may be taken into consideration in the weightage of marks in the percentage of 50 and 20 respectively and the total weightage marks will be restricted to 70 as per the subclause (a) under clause (iii) of rule 3 method of recruitment prescribed in the G.O.(Ms).No.401, Health and Family Welfare (C2) Department, 16.12.2014 Wherever the basic qualification for a technical post is a diploma / certificate, has been changed from SSLC to HSC, in all such cases the weightage may be restricted to marks obtained in SSLC and the technical diploma / certificate
(iv). For the 78 candidates who have not mentioned their marks, if this Honble Court permits, a time limit will be informed to them to submit their Diploma marks and if they submit the marks within the stipulated time, their applications will be taken for consideration. As such the need to fill up the said post of Pharmacist is very essential, for welfare of the public.
4. Further, Government have also obtained the details of the marks available,
(i). vide letter No.65520/BP(4)/2017, dated 20/10/2017, issued by the Director of Medical Education, Kilpauk, Chennai, which is extracted, hereunder:- S.No Queries raised Reply furnished
1. From which year the course has been conducted Exact year from which the course is being conducted is not known. But it is ascertained that the course is in existence from the year 1956.
2. Whether the candidates are awarded with marks or not The candidates are awarded with marks.
3. If they are awarded with marks, from which year the candidates are awarded with marks The candidates are awarded with marks from the date of commencement of the course.
4. Whether the marks statements can be provided to all the candidates who have completed the above course, now on request (from the year 1980 for the post of Pharmacist) yes
5. What is the methodology adopted in those years in which marks have not been awarded to qualify a candidate for the course such as Grading System etc. A detailed reply may be furnished. Not applicable to Diploma in Pharmacy course.
6. It has been ascertained that the minimum educational qualification for the above courses have been changed from SSLC to HSC at certain point of time. Details regarding the same may be furnished. Diploma in Pharmacy course
(i). As per Education Regulations 1981, SSLC is the qualification to undergo 2 year programme and HSC (Science Stream) is the qualification with Physics, Chemistry and Mathematics or Biology to undergo 1st year programme.
(ii). Education Regulations 1991 came into force vide Pharmacy Council of India Notification in the Gazette of India, dated 11/7/1992.
The ER 1991 was introduced in the year 1993 with few colleges opting for this regulation but came into full force in the year 1994 with plus two (science stream) as the qualification with Physics, Chemistry and Mathematics or Biology as the eligible criteria for admission into D.Pharmacy.
Status report for the post of Pharmacist
1. Name of the Post Pharmacist
2. Number of vacancies as notified 333
3. Number of writ petitioners 32
4. Number of writ petitions filed 12
5. Number of application received 15703
6. With marks 15625
7. Without marks 78
8. Without marks Candidate who have completed before 1994 (1980 - 1993) under 1981 Regulation of which 1439 a. No. of candidates with only SSLC qualification 301 b. No. of candidates with SSLC and HSC qualification 1138
9. Candidates who have completed after 1994 with HSC qualification 14264
(ii). Letter No.77574/PME/3/2017, dated 20/10/2017, is extracted hereunder:- S.NO.
PARTICULARS CALLED FOR REPLY FURNISHED
1. From which year the course has been conducted?
In G.O.Ms.No.1438 Health and Family Welfare Department, dated 28/7/1987, the Government have issued orders regulating the conduct of certain courses inclusive of Laboratory Technician Course (CMLT) for the private managements/organisation who could start/run such para Medical courses in Tamil Nadu.
2. Whether the candidates are awarded with marks or not?
Yes. The candidates have been awarded with marks.
3. If they are awarded with marks from which year the candidates are awarded with marks? Marks are awarded for CMLT candidates from the starting of the course. The details of marks in respect of the candidates who have passed CMLT course are available from 1997 onwards.
4. Whether the mark statement can be provided to all the candidates who have completed the above courses, now on request? - Candidates from the year 1980 for the post of Pharmacist, from 1986 for the post of Lab Technician Grade - II and from the year 1981 for the post Lab Technician Grade - II and from the year 1981 for the post Lab Technician Grade - III have applied for the respective posts. The mark statement can be provided to all the candidates who have completed CMLT course from 1997, now on request.
5. What is the methodology adopted in those years in which marks have not been awarded to qualify a candidate for the course such as Grading System etc?- A detailed reply may be furnished. Does not arise.
6. It has been ascertained that the minimum educational qualification for the above courses have been changed from SSLC to HSC at certain point of time. Details regarding the same may be furnished. From the year 1987 when admissions to CMLT course have been regularised, the minimum educational qualification for admission of the candidates to CMLT course is HSC (ie) + 2 Status report for the post of Lab Technician Grade - III
1. Name of the Post Lab Technician Grade - III
2. Number of vacancies as notified 710
3. Number of writ petitioners 4
4. Number of writ petitions field 4
5. Number of application received 5093
6. with marks 2741
7. without marks 2352
8. Candidates who have completed CMLT prior 1987 2 a.
With marks 2 b.
without marks 0
9. Candidates who have completed CMLT after 1987 upto 1996 370 a.
with marks 86 b.
without marks 284
10. Candidates who have completed CMLT from 1997 onwards and applied 3648 a.
with marks 1787 b.
without marks 1861
11. Candidates with other qualification (i.e., DMLT, PGLT, etc.) 1073
(iii). Letter No.77574/PME/3/2017, dated 20/10/2017, reads as hereunder:- S.No Particulars Called for Reply furnished
1. From which year the course has been conducted?
DMLT course was stated in 1994
2. Whether the candidates are awarded with marks or not?
Yes. The candidates have been awarded with marks
3. If they are awarded with marks, from which year the candidates are awarded with marks? Marks are awarded for DMLT candidates from the first batch of candidates who have joined DMLT Course in 1994 and passed out in the year 1996.
4. Whether the mark statement can be provided to all the candidates who have completed the above courses, now on request? - Candidates from the year 1980 for the post of Pharmacist from 1986 for the post of Lab Technician Grade - II, and from the year 1981 for the psot Lab Technician Grade - III have applied for the respective posts. The mark statement can be provided to all the candidates who have completed DMLT course from 1996 (first batch) now on request.
5. What is the methodology adopted in those years in which marks have not been awarded to qualify a candidate for the course such as Grading System etc? - A detailed reply may be furnished. Does not arise
6. It has been ascertained that the minimum educational qualification for the above courses have been changed from SSLC to HSC at certain point of time. Details regarding the same may be furnished. From the first batch itself, the minimum educational qualification for admission of the candidates to DMLT course is HSC (i.e) +2. Status report for the post of Lab-Technician Grade - II
1. Name of the post Lab Technician Grade - II
2. Number of vacancies as notified 524
3. Number of writ petitioners 22
4. No. of writ petitions filed 2
5. Number of application received 9600
6. with marks 8163
7. without marks 1437
8. Candidates with DMLT qualification 7379 a.
with marks 6065 b.
without marks 1314
9. Candidates with CMLT qualification 212 a.
with marks 107 b.
without marks 105
10. Candidates with other qualification (i.e. other than DMLT and CMLT) 2009
2. After perusing the additional affidavit, dated 02.11.2017 and the materials, details of which, extracted supra, learned counsel for the petitioners in all writ petitions submitted that in the light of the above, the respondents to proceed further, with the notifications, under challenge, with a further direction to take note of the fact that persons, who had completed 10th and Higher Secondary courses, not proximate to the notifications, under challenge, would have been awarded lesser marks and those, who completed the above, proximate to the notifications, would have been awarded with higher marks and therefore, the same be directed to be considered by the Recruitment Agency, while implementing the weightage system. All the grounds of challenge to the notifications impugned, have been now given up, in the light of the subsequent affidavit, dated 02.11.2017, which the respondents could have submitted earlier, when they filed their counter affidavits to the writ petitions.
3. Submission of the learned counsel for the petitioners that selection as notified be proceeded with, is placed on record.
4. In P.U.Joshi v. Accountant General reported in (2003) 2 SCC 632, the Hon'ble Supreme Court, held as follows: "10.We have carefully considered the submissions made on behalf of both parties. Questions relating to the constitution, pattern, nomenclature of posts, cadres, categories, their creation/ abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of policy is within the exclusive discretion and jurisdiction of the State, subject, of course, to the limitations or restrictions envisaged in the Constitution of India and it is not for the statutory tribunals, at any rate, to direct the Government to have a particular method of recruitment or eligibility criteria or avenues of promotion or impose itself by substituting its views for that of the State. Similarly, it is well open and within the competency of the State to change the Rules relating to a service and alter or amend and vary by addition /substraction the qualifications, eligibility criteria and other conditions of service including avenues of promotion, from time to time, as the administrative exigencies may need or necessitate. Likewise, the State by appropriate Rules is entitled to amalgamate departments or bifurcate departments into more and constitute different categories of posts or cadres by undertaking further classification, bifurcation or amalgamation as well as reconstitute and restructure the pattern and cadres/ categories of service, as may be required from time to time by abolishing the existing cadres/posts and creating new cadres/posts. There is no right in any employee of the State to claim that Rules governing conditions of his service should be forever the same as the one when he entered service for all purposes and except for ensuring or safeguarding rights or benefits already earned, acquired or accrued at a particular point of time, a government servant has no right to challenge the authority of the State to amend, alter and bring into force new Rules relating to even an existing service."
5. In the light of the submissions of both parties and decisions, cited supra, it is not necessary for this Court to advert to each and every ground of challenge, made in the writ petitions. Contention of the learned counsel for the petitioners, as to how, marks should be awarded under the weightage system, should be done, cannot be countenanced, and it is for the respondents to give effect to the weightage system to select the candidates, in accordance with law.
6. Having regard to the letter, dated 02.11.2017, of the Director of Medical Education, Chennai, addressed to Medical Services Recruitment Board, Chennai, Tamil Nadu Medical Services Recruitment Board, is directed to obtain the marks of the candidates from the Director of Medical Education/King's Institute/Any other Institute, wherever it is available and proceed with the selection, on merits and in accordance with law.
7. In the result, the Writ Petitions are disposed of. Interim orders granted earlier, in all the writ petitions, are vacated. No costs. Consequently, connected Miscellaneous Petitions are closed.
(S.M.K., J.) (N.A.N., J.) 06.11.2017 Note to Office:
Issue order copy on 07.11.2017 To
1. The Secretary to Government State of Tamil Nadu Health & Family Welfare Department Fort St. George Chennai 9.
2. The Director of Medical Education, 162, EVR Periyar Salai, Kilpauk, Chennai-10.
3. The Director of Medical and Rural Health Services, Medical and Rural Health Services, 361, DMS Complex, Anna Salai, Chennai-06.
4. The Chairman, Medical Services Recruitment Board 7th Floor, DMS Building 359, Anna Salai Teynampet, Chennai 600 006.
S. MANIKUMAR, J.
AND N. AUTHINATHAN, J.
skm W.P.No.25786 of 2015 W.P.(MD)No.5209 of 2015 W.P.Nos.5469, 5705, 5707 to 5510, 5762 to 5764, 5889, 6039, 7547, 7585, 7586, 8031 and 9311 of 2016 and Connected Miscellaneous Petitions 06.11.2017