K. Selvarani vs The Director of Medical and Rural Health Services, Teynampet, Chennai 600006 and The Superintendent, E.S.I. Hospital, Coimbatore 15

Honourable Mr. Justice Vinod K. Sharma

The petitioner prays for issuance of a writ in the nature of Certiorari, to quash the proceedings in Ref.No. 25019/E5/2011 dt.7.12.2011, panel

for the post of Chief Pharmacist, Medical Store officer for the year 2011-2012.

The petitioner is working as Chief Pharmacist in E.S.I. Hospital, Coimbatore. The petitioner after joining Government service on 26.02.1978

has been granted regular promotions and was promoted as Chief Pharmacist on 30.06.2009. The petitioner, at present holding the post of Medical

Store Officer (incharge).

In the list prepared during the month of April 2011 for promotion to the post of Medical Store officer for the year 2011-2012, the name of the

petitioner appeared at Sl.No. 15.

However, the petitioner was not shown in the select list, on the ground that the petitioner had not passed the account test. The petitioner

challenged the impugned order, on the ground that as per the qualification, the petitioner was not required to pass account test, as the passing of

account test was a condition only for those who did not have one year experience as Chief Pharmacist.

It is also the case of the petitioner that now she has cleared the account test, and therefore, is fuly eligible for promotion. The impugned order,

being patently aribitrary is hit article 14 of the Constitution of India which cannot be sustained in law.

5.1 In support of this contention, learned counsel for the petitioner referred to para 3 of Letter Ref.No. 25019/E5/2/2011 dated 05.06.2011 of

the Director of Medical and Rural Health Services, Chennai which reads as under;

The names of Chief Pharmacists who have either not passed the acount test for subordinate officers Part I or possessed the pre-requisite

experience of one year as Chief Pharmacists as laid down in G.O.Ms.No. 87, Health & Family Welfare (AA1) department dated 17.5.2006 and

Govt. Letter No. 20016/ AA2/06-1, Health & Famly Welfare department dated 15.6.2006, and those for whom service particulars have not been

received are not considered and not included in the panel as furnished in Annexure II

On consideration, I find no force in this writ petition. The reading of letter on which reliance is placed, shows that as per G.O.Ms.No. 87 dated

17.05.2006 and subsequent letters show that experience of one year and passing of account test is compulsory before promotion to the post of

Medical Store Officer. The word ""or"" mentioned in the letter referred to above, is to be interpretetd to mean that the Chief Pharmacists who is

neither not having an experience of one year or has not passed the account test is not eligible and not as interpreted by the learned counsel for the

petitioner.

It is true that the petitioner has passed account test now, but result of test was declared after the date fixed for counselling for promotion.

It is well settled law that eligibility is to be seen on the date of consideration for promotion, the subsequent acquisition of qualifications cannot be

a ground to challenge the selection.

The writ petition is dismissed being meritless.

Consequently, connected miscellaneous petitions are also dismissed.