W.P.No.

5408 of 2024

W.P.No.5408 of 2024
and
WMP Nos. 5960 and 5962 of 2024

R. MAHADEVAN, J.
AND
MOHAMMED SHAFFIQ, J.

(Order of the court was made by R.Mahadevan, J)

The petitioners have come up with this writ petition for a declaration that

Part III - Special Rules relating to Tamil Nadu Municipal Corporation Service as

embodied in Rule 211 of the Tamil Nadu Urban Local Bodies Rules, 2023 in Table

IV – Municipal Corporation Medical, Sanitation and Public Health Wing – Division

II (Sanitation) – S.No.2 Sanitary Inspector – insofar as it relates to direct

recruitment, is arbitrary and hence, ultravires the Constitution and declared as

illegal and unsustainable in law; and the consequential notification issued by the

second respondent vide Notification No.01/DMA/Recruitment/2024 dated

02.02.2024 in clause 6 Educational Qualification at S.No.16 is invalid insofar as it

indirectly disqualifies the petitioners herein for the said post.

2.The learned counsel for the petitioners submitted that the state

Government had taken a consistent stand right from 1961 to 2023 that the only

requirement for the post of Sanitary Inspector was Sanitary Inspector Certificate

Course issued by Gandhigram Rural Institute, Dindigul, and also a degree of B.Sc.

Chemistry (with effect from 20.11.2012). The petitioners had completed B.Sc.

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 W.P.No.5408 of 2024

Chemistry and possessed the Sanitary Inspector Certificate obtained from the

Gandhigram Rural Institute, Dindigul, which is a deemed University fully funded

by the UGC and under the control of the Ministry of Human Resource

Development; and they had qualified themselves for the post of Sanitary

Inspector as early as in 2015 and 2016 itself and had been awaiting recruitment

for the same. While so, without any reason, a change in eligibility to the post of

Sanitary Inspector has been brought in by way of amendment with effect from

13.04.2023 to the Tamil Nadu Urban Local Bodies Rules, 2023, and based on the

same, the second respondent issued the notification dated 02.02.2024 inviting

applications for the post in question, prescribing the educational qualification as

B.Sc. degree in Zoology allied with Chemistry or Bio-Chemistry or Chemistry allied

with Zoology or B.Sc. degree in Public Health or Environmental Science or

Microbiology or Bio-Chemistry and also Sanitary Inspector certificate Course from

an Institute approved by the Government of Tamil Nadu, thereby making the

petitioners as ineligible for applying the post in question. Thus, according to the

learned counsel, the impugned provision is directly hit by the doctrine of

promissory estoppel and legitimate expectation of the petitioners getting

appointment to the post in question.

3.Adding further, the learned counsel for the petitioners submitted that the

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 W.P.No.5408 of 2024

Government did not make any recruitment till 2017 and the selection process,

pursuant to the notification dated 31.12.2017 earlier issued for the 110 posts of

Sanitary Inspector, could also not be completed, due to pending litigation. In

such circumstances, the statutory rules relied on by the authorities for making

appointment to the post of Sanitary Inspector, attract the rigour of Article 14 of

the Constitution on account of being arbitrary, unreasonable and capricious, as

the same disqualify the petitioners to apply for the said post. Therefore, the

learned counsel prayed for appropriate direction to the respondent authorities in

this regard.

4.On the other hand, the learned Special Government Pleader taking

notice for the respondents 1 to 3 and 5, submitted that it is the policy decision of

the Government to change the eligibility for the post in question and the same

cannot be questioned by the petitioners through the court of law. However, he

sought time for filing counter affidavit.

5.This court considered the submissions made by the learned counsel on

either side. The subject matter in issue cannot be gone into by this court at this

stage. However, taking note of the contentions raised on the side of the

petitioners that the Rules governing the appointment for the post of Sanitary

Inspector required a pass in the Sanitary Inspector Certificate course and degree

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 W.P.No.5408 of 2024

in Chemistry for the past 50 years and the same were subjected to amendment

only with effect from 13.04.2023, that too, without any rhyme or reason, due to

which, the petitioners, who qualified themselves in the years 2015 and 2016 itself

and had been awaiting appointment to be made, are ineligible even to apply for

the said post pursuant to the notification dated 02.02.2024 issued by the second

respondent in accordance with the amended rules, thereby depriving the right of

the petitioners to be considered for appointment; and also having regard to the

fact that the recruitment is sought to be made after a period of ten years, we are

inclined to permit the petitioners herein to apply for the post in question as per

the notification dated 02.02.2024 on or before the time limit stipulated

thereunder. After the submission of the applications by the petitioners, the

respondent authorities are directed to issue hall ticket and allow them to write the

examination. However, it is made clear that the result of the examination of the

petitioners is subject to the result of this writ petition.

6.At the request of the learned Special Government Pleader appearing for

the respondents, post the matter on 28.03.2024. Counter of the respondent

authorities, be filed by then.

(R.M.D., J.) (M.S.Q., J.)

29.02.2024
bbr / rk

R. MAHADEVAN, J.
AND

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 W.P.No.5408 of 2024

MOHAMMED SHAFFIQ, J.

bbr / rk

W.P. No. 5408 of 2024

and
WMP Nos. 5960 and 5962 of 2024

29.02.2024
(2/2)

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