Judgment:
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:
28. 03/2013 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.(MD)No.4537 of 2013 and M.P.(MD) Nos.1, 2 and 3 of 2013 S.Balamurugan ... Petitioner Vs. 1.The State of Tamil Nadu, Rep. By its Secretary to Government, Health and Family Welfare Department, Chennai - 9. 2.The Director of Public Health and Preventive Medicine, Office of the Director of Public Health and Preventive Medicine, Chennai - 6. .. Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari, to call for the records relating to the impugned Government order issued by the 1st respondent in his G.O.(Ms.)No.22 Health and Family Welfare (N2) Department dated 28.01.2013 and quash the same as illegal. !For Petitioner ... Ms.Ajmal Associates ^for Respondents ... Mr.R.Anandaraj, G.A. :ORDER ****** The petitioner is an unemployed youth. He is having the requisite qualification for the post of Laboratory Technician Grade-III and Laboratory Technician Grade III is a post comes under Special Rules for the Tamil Nadu Public Health Subordinate service. 2.As per the Special Rules, the appointment for Laboratory Technician Grade-III was to be made by way of direct recruitment only. This could be seen in G.O.Ms.No.115 Health and Family Welfare (C2) Department dated 03.04.2007. The person to be appointed by way of direct recruitment to the post of Laboratory Technician Grade-III must possess the following qualifications: (i) Must have passed plus-two Examination. (ii)Must possess Certificate in Medical Lab Technology (One year duration course) undergone in any Institution recognized by the Director of Medical Education; and (iii)Must have a good physique, good vision and capacity to do outdoor work. 3.The Government made amendment to the aforesaid rules by way of G.O.Ms.No.22, Health and Family Welfare (N2) Department, dated 28.01.2013, providing for promotion from the post of Field Assistant also. The petitioner has sought to question G.O.Ms.No.22, providing promotion to the Field Assistants as Laboratory Technicians Grade-III. 4.The learned counsel for the Petitioner has submitted that the only qualification that is prescribed in the G.O.Ms.No.22 for promotion to the Field Assistants is that they should have rendered 5 years of service in the post of Field Assistant. They need not possess certificate in Medical Laboratory Technology and they also need not have passed plus two examinations. 5.I have heard the submissions made by the learned counsel for the petitioner. 6.The Field Assistants are appointed either by way of direct recruitment or by transfer as per G.O.Ms.No.115 Health Family Welfare (C2) Department, dated 03.04.2007. It is true that for directly recruited Field Assistants, one should possess a certificate in Medical Laboratory and also one should have passed plus two examination. Otherwise, one cannot be directly recruited as Field Assistant. But, the rule also provides for appointment by direct recruitment by transfer. Those persons, who are appointed by recruitment by transfer as Field Assistant, need not have passed plus two examination and need not also posses certificate in Medical Laboratory Technology. It is enough if he has passed S.S.L.C. and had served as Field Assistant for a period of not less than 5 years as Mazdoors/Head Mazdoors under the National Anti Malaria Programme and National Filaria Control Programme. 7.Therefore, the field assistants, who are either recruited directly or appointed by recruitment transfer are entitled to be promoted as per the impugned G.O.No.22 Health and Family Welfare Department dated 28.01.2013. 8.It is for the Government to decide as to whether the post of Laboratory Technician Grade-III shall be filled by way of promotion also. It is not the case of the petitioner that altogether direct recruitment to the post of Laboratory Technicial Grade III is done away with. He cannot question the policy decision of the Government amending the rules providing for promotion to the post of Field Assistant. Therefore, this Court cannot normally interfere in the policy decision of the Government unless, it is violative of any constitutional or statutory provision. No such argument is advanced by the learned counsel for the petitioner. 9.Therefore the writ petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed. Arul To 1.The State of Tamil Nadu, Rep. By its Secretary to Government, Health and Family Welfare Department, Chennai - 9. 2.The Director of Public Health and Preventive Medicine, Office of the Director of Public Health and Preventive Medicine, Chennai - 6.