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Judgment
S.R. Krishna Kumar, J
In this petition, the petitioners seek the following reliefs:
“a. Issue an appropriate writ order or directions in the nature of certiorari quashing the impugned meeting proceedings bearing No. Nil conducted under the Chairmanship of the 4th Respondent Director of Medical Education dated.20-02-2025 (Annexure:-A) in so for as it pertains to rejecting the Select list prepared by the 3rd Respondent Director of Health and Family Welfare Service for deputation of the In-service candidates to B-Pharma 2nd year Course in lateral entry is concerned;
b. Issue an appropriate writ order or directions in the nature of mandamus directing the 4th Respondent Director of Medical Education and Chairman of Selection Committee to approve the in service select list prepared by the 3rd Respondent Director of Health and Family Welfare Service and further allow the petitioners who have been selected for the B-Pharma Course as In-service candidates to join the B-Pharma Course in the 5th Respondent Govt. College of Pharmacy on deputation and allow them pursue the B-Pharma Course in the interest of justice and equity.
c. Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstance of the case
Heard learned counsel for the petitioners and learned AGA for the respondents and perused the material on record.
A perusal of the material on record will indicate that on 09.10.2024, the 3rd respondent issued a Circular calling upon the eligible candidates to apply for deputation to B Pharma course under lateral entry through their Head of Department to be submitted on or before 21.10.2024. In pursuance of the said Circular, petitioners submitted their applications which were forwarded by the Head of Department between 13.10..2024 and 19.10.2024 certifying that the petitioners are eligible for applying B Pharma course under in service category. In pursuance of the aforesaid applications submitted by the petitioners, the 3rd respondent who is the Director of Health and Family Welfare Department called for Zoom Meeting on 20.01.2025 and placed the list of 22 applicants made for the said in service seats and list had been prepared based on the seniority considering the marks obtained in the B Pharma and forwarded the same to the validation of the list by the 4th respondent – Director of Medical Education. The meeting notice was also forwarded on 03.02.2025 to the 4th respondent to consider the selection list In-service candidates in In-service category on 04.02.2025. In pursuance of the same, on 20.02.2025, in the proceedings before the 4th respondent - Director of Medical Education, the said list was rejected by the 4th respondent on the ground of delay in forwarding the list for consideration. In this context, it is relevant to state that the delay on the part of 3rd respondent in forwarding the same to the 4th respondent cannot be attributed or attributable to the petitioners who are otherwise eligible and consequently, the reasons assigned by the 4th respondent in taking the impugned decision at Annexure-A is clearly illegal and arbitrary warranting interference by this Court in the present petition.
In the result, I pass the following:-
ORDER
(i) Petition is hereby allowed.
(ii) The impugned Meeting Proceedings and the decision taken therein at Annexure-A dated 20.02.2025 passed / issued by the 4th respondent is hereby quashed.
(iii) The 4th respondent is hereby directed to approve the list forwarded to him by the 3rd respondent in accordance with law within a period of one week from today.
(iv) Petitioners are permitted to join the 5th respondent – College immediately upon the 4th respondent passing appropriate orders as stated supra.
Hand delivery of this order is permitted.