IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.03.2011 CORAM: THE HON’BLE MR. JUSTICE K.CHANDRU W.P.No.21319 of 2010 & M.P.No.1 of 2010 1 R.CHINNA DURAI 2 K.VASUDEVAN 3 K.SAKTHIVEL 4 M.ELANGOVAN 5 S.SIVAKUMAR 6 K.MURUGESAN 7 M.S. MOHAMMED IQBAL 8 M.S.MOHAMMED ISMAIL 9 N.THANKARAJ [ PETITIONERS ] Vs 1 THE GOVERNMENT OF TAMILNADU REP BY ITS CHIEF SECRETARY CHENNAI 9 2 THE PRINCIPAL SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT. FORT ST.GEORGE CHENNAI 9 3 THE PRINCIPAL SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT FORT ST.GEORGE CHENNAI 9 https://hcservices.ecourts.gov.in/hcservices/ 4 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE (STATE FOOD AUTHORITY) NO.359 ANNA SALAI CHENNAI 6 5 THE DIRECTOR OF MUNICIPAL ADMINISTRATION. CHEPAUK CHENNAI 5 [ RESPONDENTS ] Prayer : Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents to appoint the petitioner for the post of Food Safety Officer when those who are completed their B.Sc. Graduation at Annamalai University through distance mode prior to 15.2.2007, are permitted to appoint as Food Safety Officer and the same concession should be extended to the petitioners also. For Petitioners :: Mr.S.Ilamvaludhi For Respondents :: Mr.A.Suresh, G.A O R D E R This is a Writ Petition filed by the petitioner seeking for a direction to respondents to appoint them for the post of Food Safety Officer as all persons who have completed their B.Sc. Graduation at Annamalai University through distance mode prior to 15.2.2007 are being appointed as Food Safety Officer and the same concession should be available to them. 2. It must be noted that the Government initially issued a G.O.Ms.No.452, Health and Family Welfare Department dated 5.4.2007 directing the Sanitary Inspectors working in the Corporation and Municipalities to be deputed for Food Inspector training. The said Government Order named 50 persons for being deputed to the said training. In that case, the premise to which such persons were sent for training is that they were having Diploma from Vinaya Mission Research Institute or Distance Education from Annamalai University and therefore they are educationally qualified for undergoing training. The name of the present petitioner finds at Serial No.30 R.Chinna Durai in the annexure to the G.O. (D) No.452, Health and Family Welfare Department dated 5.4.2007. Though this Court initially upheld the validity of the G.O., the matter was taken on file by the Tamil Nadu Grade Food Inspectors Association by its Organising Secretary in W.A.(MD) Nos.236 and 237 of 2007. A Division Bench of this Court presided https://hcservices.ecourts.gov.in/hcservices/ by P.K.Misraj, J., (as he then was) sitting in Madurai Bench by a common judgment dated 11.10.2007 had set aside the said judgment and the Division Bench held that the G.O.Ms.No.452 issued by the Government requires reconsideration, since AICTE has not approved the Diploma Course offered by Vinayaga Mission and the course offered by the University is not recognised by the UGC. Subsequent to the Division Bench order, the State Government accepting the judgment issued G.O.Ms.No.215, Health and Family Welfare Department dated 3.7.2008. In that G.O., in the annexure, they have selected only 16 persons for undergoing training by recognising the Degree obtained by them from IGNOU, University of Madras, Madurai Kamaraj University. With reference to the degrees offered by the Annamalai University and Vinayaga Mission, the Government in paragraph 6.2 stated that the training undergone by them from 30.6.2007 to 27.9.2007 conducted by the Director of Public Health and Preventive Medicine numbering 111 candidates and those who posses the basic qualification of Diploma in Food Technology offered by Vinayaga Mission Research Foundation Deemed University, Salem and 32 candidates who possess the B.Sc. Degree by Annamalai University as a Distance Course before 15.2.2007 are not eligible for being posted as Food Inspector. The persons, who are affected by the said G.O have not chosen to challenge the said G.O. The petitioner, who was a party to the earlier Division Bench case and who filed the case before the Madurai Bench has once again filed the present Writ Petition with more or less similar prayer. 3. It is rather unfortunate that having been a party to the Division Bench order, the petitioner chose to make an identical prayer insisting that in the present case, they want to be considered as Food Safety Officer. The basis for making such a claim was that a person who acted as food Inspector is entitled to be considered as Food Safety Officer. Therefore, on that ground, they are eligible for being appointed as Food Safety Officer. In fact, the Association to which the petitioner belongs namely the Tamil Nadu State Municipal and Corporation Sanitary Inspectors and Sanitary Officers Association represented by its State President had filed W.P.No.4024 of 2011 before this Court. 4. In that Writ Petition, a similar contention was raised. Reliance was placed upon the draft rules issued by the Central Government in GSR No.39(E) in para 2.1.3(iv) of Food Safety Officers. This Court dismissed the Writ Petition by an order dated 9.3.2011 after referring to the previous litigation. In paragraph 8 of the said order, it was observed as follows:- "8. Therefore, in the present Writ Petition seeking for a direction to include their names and treat the diploma held by them as valid and their completion of https://hcservices.ecourts.gov.in/hcservices/ training in Food Inspection and Sampling on the basis of the earlier order, no direction can be issued. If any such direction is issued, it will be in conflict with the order of the division bench passed earlier striking down the G.O.,and recognising the diploma obtained by them from the Vinayaga Mission Research Foundation. The petitioner cannot keep on filing case after case to achieve certain things which was negatived by this Court already." 5. In the light of the same, there is no case made out for entertaining the Writ Petition. Hence, the Writ Petition stands dismissed. No costs. The connected Miscellaneous Petition is closed. ajr Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1 THE CHIEF SECRETARY GOVERNMENT OF TAMILNADU CHENNAI 9 2 THE PRINCIPAL SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT. FORT ST.GEORGE CHENNAI 9 3 THE PRINCIPAL SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT FORT ST.GEORGE CHENNAI 9 4 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE (STATE FOOD AUTHORITY) NO.359 ANNA SALAI, CHENNAI 6 https://hcservices.ecourts.gov.in/hcservices/ 5 THE DIRECTOR OF MUNICIPAL ADMINISTRATION. CHEPAUK CHENNAI 5 + 1 cc to Mr. S ILAMVALUDHI, Advocate SR No.22972 + 1 cc to Government Pleader, SR No.23046, 23441 GR(CO) SR/18.4.2011 W.P.No.21319 of 2010 https://hcservices.ecourts.gov.in/hcservices/