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Madras High CourtWMP/4515/2024ordered

Dr.Padmapriya.P, v. The Secretary To Government

2026-01-08Honourable Mr.Justice Hemant Chandangoudar2 pages

W.M.P.No.4515 of 2024 W.M.P.No.4515 of 2024 in W.P.No.12060 of 2017 HEMANT CHANDANGOUDAR, J., Initially, the prayer sought for in the writ petition reads as follows: "To declare the impugned relaxation of clause 4(i) of the Tamil Nadu Medical Services Ad hoc Rules and the consequential G.O.D.No.718 dated 31.03.2017 passed by the 1st respondent, thereby promoting the respondents 3 to 8 as Associate Professor for the post of Physical Medicine and Rehabilitation, contrary to the Medical Institution Regulations, 1998 formulated by the Medical Council of India in exercise of the power conferred by Section 33 of the Indian Medical Council Act, 1956, as illegal, invalid and void."

2. However, in the counter affidavit, the State contended that respondents 3 to 8 were promoted pursuant to G.O.D.No.891 dated 19.04.2017. Therefore, the present writ miscellaneous petition has been filed seeking amendment of the prayer. https://www.mhc.tn.gov.in/judis

W.M.P.No.4515 of 2024 HEMANT CHANDANGOUDAR, J., mk

3. The learned State Counsel submitted that although the counter affidavit was filed in the year 2017, the amendment petition has been filed after an inordinate delay of more than 7 years.

4. Be that as it may, the petitioner has challenged the promotion granted to the respondents 3 to 8 and if the amendment petition is allowed, no prejudice would be caused to the respondents on account of alleged delay and laches.

5. In view of the above, the present Writ Miscellaneous Petition is ordered as prayed for. Registry is directed to carry out necessary and consequential amendment in the case file and post the main writ petition on 29.01.2026. 08.01.2026 (1/2) mk W.M.P.No.4515 of 2024 in W.P.No.12060 of 2017 https://www.mhc.tn.gov.in/judis