Madras High CourtWP/2339/2026disposed of with direction

Bharathi v. The Principal Secretary To Government

2026-01-29Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI Bharathi, W/o.Kannan, No.30, Karai Kattu Chockalingam Street, Chidambaram, Cuddalore District-608 001.

..Petitioner(s) Vs

1. The Principal Secretary to Government Health and Family Welfare Department, Secretariat, Chennai-600 009.

2. The Director of Medical Education and Research Directorate of Medical Education and research, Kilpauk, Chennai-600 010

3. The Vice Chancellor Annamalai Unviersity, Annamalai Nagar, Chidambaram, Cuddalore Dsitrict-608 002.

4. The Registrar Annamalai University Annamalai Nagar, Chindambaram, Cuddalore District-608 002

5. The Dean Government Medical College and Hospital Annamalai Nagar, Chidambaram, Cuddalore District-608 001.

6. The Principal Government College of Nursing Annamalai Nagar, Chidambaram, Cuddalore District-608 002.

..Respondent(s) Prayer: Writ Petition filed under Article 226 of Constitution of India seeking Writ of Mandamus, directing the1st and 2nd respondents to absorb the petitioner into Tamil Nadu Medical Service under the Health and Family Welfare Department in an appropriate teaching position commensurate with her qualifications and 21 years of teaching experience, in view of implementing the Academic Council decision dated 21.11.2015 and G.O. (Ms) No.16 Higher Education (H1) Department, dated 27.01.2021 and consequently redesignate and promote the petitioner to an appropriate higher academic position in Nursing as per applicable norms and qualifications and consequently directing the 2nd respondent to consider the petitioners candidature for the ongoing panel preparation process for the posts of Lecturer in Nursing and other appropriate positions for the year 2025-2026.

For Petitioner(s):

Mr. G.Pugazhenthi For Respondent(s):

Mr.K.Tippusulthan, Govt.Advocate for R1, R2, R5 and R6

ORDER

This writ petition has been filed seeking a direction to the 1st and 2nd respondents to absorb the petitioner into Tamil Nadu Medical Service under the Health and Family Welfare Department in an appropriate teaching position commensurate with her qualifications and 21 years of teaching experience, in view of implementing the Academic Council decision dated 21.11.2015 and G.O. (Ms) No.16 Higher Education (H1) Department, dated 27.01.2021 and consequently, redesignate and promote the petitioner to an appropriate higher academic position in Nursing as per applicable norms and qualifications and consequently, directing the 2nd respondent to consider the petitioner's candidature for the ongoing panel preparation process for the posts of Lecturer in Nursing and other appropriate positions for the year 2025-2026. 2.

The case of the petitioner is that she has been serving as Nursing Tutor Grade II at the Government College of Nursing, Cuddalore (formerly Rani Meyyammai College of Nursing) since 08.04.2004. She was initially appointed on consolidated pay of Rs.3,500/- per month and was confirmed with effect from 01.07.2008. She possesses the requisite qualifications including B.Sc., Nursing with First Class (2000) and M.Sc., (Psychiatric Nursing) with First Class and Rank Certificate (2015), and is duly registered with the Tamil Nadu Nurses and Midwives Council (valid till 17.07.2028).

teaching duties for undergraduate and postgraduate nursing students, she continues to be classified as "non-teaching staff". On 21.11.2015, the Academic Council of Annamalai University approved redesignation of Nursing Tutor Grade II as Nursing Tutor and Lecturer as Assistant Professor as per Indian Nursing Council recommendations, communicated vide letter dated 17.12.2015, however, the same has not been implemented till date, resulting in denial of career progression. Subsequently, vide G.O(Ms) No.16 dated 27.01.2021, the Government took over Rani Meyyammal College of Nursing from Annamalai University and as per G.O (Ms) No.204 dated 26.10.2021 administrative control including promotion vests with the 1st respondent. This has created an anomalour situation where the petitioner continues to be technically an Annamalai University employee while working in a Government College under complete Government administrative control, without formal absorption.

2.1. In October 2025, the 2nd respondent issued letters for preparation panels for the posts of Principal, Reader and Lecturer in Nursing for the year 2025-2026, fixing the crucial date as 15.03.2025. The petitioner possesses all the prescribed qualifications for the post of Lecturer including M.Sc., Nursing required teaching experience, with registration, and over 21 years of service. However, as eligibility is restricted to persons in Government service under the Tamil Nadu Medical Service, the petitioner was rendered ineligible despite

serving in a Government College for the past four years. Though the petitioner sent a representation dated 04.12.2025 seeking absorption and promotion, no action was taken. Hence, the present writ petition has been filed.

3. The learned counsel for the petitioner would submit that it would suffice, if a direction is issued to the 1st and 2nd respondents to consider the petitioner's representation dated 04.12.2025, within a reasonable time to be fixed by this Court.

4.Considering the limited request made by the learned counsel for the petitioner and without expressing any opinion on the merits of the case, this Court, directs the 1st and 2nd respondents to consider the petitioner's representations dated 04.12.2025, and to pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition stand disposed of. No costs. 29-01-2026 Index: Yes/No Speaking/Non-speaking order UMA