K. Bharathi vs The District Employment Officer and The Joint Director of Medical Services

N. Paul Vasanthakumar, J.—The prayer in this writ petition is to direct the second respondent to select and appoint the petitioner for the

post of Pharmacist in any one of the Government Hospital, Dharmapuri District and pass orders.

The brief facts necessary for the disposal of this writ petition are as follows:

(i) The petitioner passed S.S.L.C. in the year 1982 and completed Diploma in Pharmacy in Coimbatore College of Pharmacy and the petitioner

registered his name in Employment Exchange, Vellore on 10.12.1995 and the registration was transferred to Krishnagiri in the year 1988 due to

shifting of his family. The petitioner claims that on 20.07.2002, the first respondent announced through newspaper that there are vacancies for the

post of Pharmacist in the Dharmapuri District Government Hospital and informed the candidate to verify the registration before the first respondent

on or before 22.07.2002 and the qualification prescribed are passing S.S.L.C., and holder of Diploma in Pharmacy.

(ii) The petitioner was called for the interview and according to the petitioner, he is the senior most person as per the employment registration.

However, the petitioner was not given appointment on the ground that the petitioner has not completed the 12th standard pattern and crossed 30

years of age and therefore, he is not eligible for the post.

The learned counsel for the petitioner submitted that due to non sponsoring of the petitioner''s name by the first respondent, the second

respondent has not selected and appointed the petitioner. The second respondent herein has filed a counter affidavit, wherein it is stated that since

the petitioner''s name was not sponsored by the first respondent, the petitioner was not given selection and it is the duty of the first respondent to

send a list to the Employment Exchange at the time of interview with reference to rules. The first respondent herein has filed a counter affidavit,

wherein it is stated that the petitioner has crossed 30 years of age as on 01.07.2002 as his date of birth is 05.06.1967. Therefore, the petitioner''s

name is not entitled to be sponsored in view of Rule 12 (d) of Tamil Nadu State General and Subordinate Service Rules.

The learned counsel for the petitioner submitted that subsequently, the Government issued G.O.(D) No.373 Health and Family Welfare (C1)

Department dated 13.05.2005, wherein the Government took a policy decision to appoint 570 Pharmacists under the control of the Commissioner

of Indian Medicine and Homeopathy, the Director of Medical Education, the Director of Medical and Rural Health Services, the Director of

Medical and Rural Health Services (ESI) and the Director of Public Health and preventive Medicine. It is stated that they should have a

registration in Employment Exchange and based on the seniority of their dates of registration District wise and following the rules of reservation, the

appointments will be made initially for a period of 2 years on contract basis.

The learned counsel for the petitioner, relying upon the said Government Order, submitted that in view of the said policy decision taken by the

Government, to fill up 570 posts of Pharmacists in various Government Hospitals, is purely based on the date of registration in the Employment

Exchange. The age rule is deemed to be exempted by the Government as a special case.

The learned Government Advocate appearing for the respondents, submitted that this order is dated 13.05.2005 and therefore, the earlier

rejection of the petitioner''s appointment cannot be found fault with.

Taking note of the contents in G.O.(D) No.373 Health and Family Welfare (C1) Department dated 13.05.2005, wherein the age bar is not

stated, subsequently, the first respondent is directed to sponsor the name of the petitioner for the post of Pharmacist to the Director of Medical

Education and the Director of Public Health and preventive Medicine within a period of four weeks from the date of receipt of a copy of this order

and on such sponsorship, the concerned Director of Medical Education/Director of Public Health and preventive Medicine shall pass orders,

appointing the petitioner as Pharmacist based on the employment seniority within a period of four weeks thereafter, if there is no other legal

impediments.

The writ petition is disposed of in the above terms. No costs.