Madras High Court
Tamil Nadu Arasu Maruthuvathurai vs The State Of Tamil Nadu on 21 February, 2018
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2018 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.18478 of 2013 and M.P.(MD).Nos.1, 2 and 3 of 2013 Tamil Nadu Arasu Maruthuvathurai Anaithu Ooliar Mattrum Sugathara Paniyalargal Sangam, Represented by its State President, M.Venkatachalam, S/o.Muthuswamuy, 4/520-9 Ganga Nagar, Parasurampatti, K.Pudur, Madurai-625 007. ... Petitioner Vs. 1.The State of Tamil Nadu, Represented by its Secretary Health and Family Welfare Department, Secretariat, Chennai. 2.The Deputy Director of Health & Family Welfare (PME), Directorate of Medical Education, 162, Periyar E.V.R. High Road, Kilpauk, Chennai-600 010. 3.The Secretary, Selection Committee, Directorate of Medical Education, 162, Periyar E.V.R. High Road, Kilpauk, Chennai-600 010. ... Respondents Prayer: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the prospectus for Paramedical Certificate/Diploma Courses, Paramedical Diploma in Optometry Course, Paramedical Nursing Assistant Course, Paramedical Diploma in Medical Record Sciences for the year 2013-2014 issued by the respondents and to quash the eligibility Criteria for the service Candidates relating to the educational qualification and to refix the eligibility criteria as that was in the year 2011-2012 . !For Petitioner : Mrs.P.Jessi Jeeva Priya, for M/s.S.Subbiah For Respondents : Mr.VPM.Vaishnavi Government Advocate :ORDER
The writ petitioner is Tamil Nadu Arasu Maruthuvathurai Anaithu Ooliar Mattrum Sugathara Paniyalargal Sangam. The relief sought for in this writ petition is to call for the prospectus Paramedical Certificate/Diploma Courses, Paramedical Diploma in Optometry Course, Paramedical Nursing Assistant Course, Paramedical Diploma in Medical Record Sciences for the year 2013-2014 issued by the respondents and to quash the eligibility Criteria for the service Candidates relating to the educational qualification and to refix the eligibility criteria as that was in the year 2011-2012 .
2.India, being developing nation prescribing the qualifications for under going course is become necessary. Enhancing the qualifications by reconsidering the policy is also constitutional perspectives. The directive principles also enumerates that progressive prospectus of qualification for the consistant development of our nation is required. Thus the very relief sought for to quash the educational qualification prescribed for the course of diploma in paramedical certificate course for service candidates cannot be considered.
3.The learned counsel appearing for the petitioner states that the members of the writ petitioner association is also working as Hospital workers and they possess the minimum educational qualification. The members are not possesing the qualification of higher secondary course in science subject. Since the members of the petitioner sangam are not in a possession of the science subject, the qualification prescribed in the erstwhile prospectus to be followed for the purpose of admitting the candidates for the paramedical certificate courses. Very idea mooted out by the writ petitioner is not in consonance with the constitutional Principles. The petitioners have challenged the prospectus only with an idea to suggest that the qualification possessed by them should be prescribed for the purpose of admission to paramedical Certificate Courses. Such a ground raised in the writ petition deserves no consideration at all.
4.Prescription of educational qualification for a medical course is the prerogative of the institution. More specifically the educational qualifications are prescribed based on the opinions provided by the experts. In this regard, a team of experts are engaged for the purpose of prescribing the required minimum educational qualification for admitting the candidates for paramedical certificate course. Such opinion offered by the expert body can never be questioned before the Courts. Court can never act an expert body more specifically in relation to medical courses. This is for the academicians to decide all these aspects and it is for the Government to issue orders accepting such recommendation or suggestion. The prospectus was issued by the Government of Tamilnadu for 2013-14 session. The selection committee was constituted for that purpose. The selection committee considering the expert members had decided to enhance the qualification for undergoing the paramedical certificate course. This being the factum of the case the very idea mooted out by the writ petitioner is contrary to the legal principles and the same cannot be accepted.
5.The learned counsel appearing on behalf of the respondents states that the prospectus was issued in the year 2013-2014 and eligible persons were admitted for the course and the members of the writ petitioner sangam were not possessing the required minimum educational qualification prescribed in the prospectus and therefore, the writ petition deserves to be rejected. At the outset, this is court is of an opinion that the relief as such sought for itself cannot be granted. The prospectus is challenged on the ground that the members of the writ petitioners sangam are not possessing the minimum educational qualification prescribed for seeking admission for paramedical certificate course. This being the ground raised in this writ petition no further adjudication is necessary in this writ petition. Accordingly, the writ petition stands dismissed. No costs. Consequently, M.P.(MD).Nos.1, 2 and 3 of 2013 are also dismissed.
To
1.The Secretary, The State of Tamil Nadu, Health and Family Welfare Department, Secretariat, Chennai.
2.The Deputy Director of Health & Family Welfare (PME), Directorate of Medical Education, 162, Periyar E.V.R. High Road, Kilpauk, Chennai-600 010.
3.The Secretary, Selection Committee, Directorate of Medical Education, 162, Periyar E.V.R. High Road, Kilpauk, Chennai-600 010.
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