Hepsiba.J v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.01.2026
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P. No.921 of 2026 Hepsiba.J ...
Petitioner vs.
1. The Member Secretary Medical Service Recruitment Board (MRB) 7th Floor, DMS Building, No.359, Anna Salai, Teynampet, Chennai-600 006.
2. The Principal Secretary to Government, Health and Family Welfare department, Secretariat, Fort George, Chennai-600 009.
3. The Director of Public Health and Preventive Medicine, Chennai-600 006.
....
Respondents Prayer :
Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondent consider the petitioner for recruitment to the post of Auxiliary Nurse Midwife/ Village Health Nurse on the basis of the application submitted by the petitioner on 11.12.2025 and consider her name for inclusion in the select list.
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For Petitioner : Mr. M. Gnanasekar For Respondents: Ms.M. Sneha Special Counsel for R1 & R2 Mr.S.J. Mohammed Sathik for R3
ORDER
Ms. M. Sneha, learned Special Counsel takes notice for respondents 1 and 2 and Mr.S.J. Mohammed Sathik, learned counsel takes notice for the 3rd respondent. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.
2. The relief sought in this writ petition is a direction to the respondents to consider the petitioner for recruitment to the post of Auxiliary Nurse Midwife / Village Health Nurse on the basis of the application submitted by the petitioner on 11.12.2025 and consider her name for inclusion in the selection list.
3. The case of the petitioner is that she completed +2 in Science in the year 2011 and thereafter underwent 18 months Multipurpose Health Worker (Female) / Auxiliary Nurse Midwife training and a two-year nursing course (2018-2020) at CSI Hospital School of Nursing, Ikkadu, Tiruvallur, and passed in November 2020. She has also registered her name in the Tamil Nadu Nurses and Midwives Council and holds a certificate issued by the Board of Nursing Education dated 28.10.2020.
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4. It is further stated that the petitioner applied for the post of Village Health Nurse / Auxiliary Nursing Midwife, vide Notification No.10/MRB/2023, dated 03.02.2017. It came to her knowledge that certificate verification was conducted between 07.01.2026 and 10.01.2026, however, her name was not included in the certificate verification list. The petitioner is presently working temporarily in a Government Primary Health Centre and has rendered COVIDrelated services. Hence, it is the contention of the petitioner that denial of certificate verification is arbitrary. In such circumstances, this writ petition has been filed.
5. Learned counsel for the petitioner submitted that the petitioner possessed the requisite qualification, hence, the respondents ought to have included the name of the petitioner in the selection list and non-inclusion of the same amounts to arbitrariness. He vehemently argued that the petitioner had completed mandatory training course for Auxiliary Nurse Midwife in CSI Hospital, which is a recognised one. He further submitted that the petitioner actively worked during the period of Covid-19 and obtained certificate also, which may also be considered as token of merit. In view of the above, he prays for issuance of appropriate directions to the respondents to include the name of the petitioner in the selection list.
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6. Per contra, the learned Standing Counsel for respondents 2 and 3 submitted that as per G.O.(Ms) No.254, Health and Family Welfare Department, dated 25.07.2023, the qualification for the post of Auxiliary Nurse Midwife / Village Health Nurse must be obtained from an institution recognised by the State Government / Director of Public Health. The petitioner's institution is not recognised by the State Government and recognition by the Christian Medical Association of India or registration with the Tamil Nadu Nurses and Midwives Council does not satisfy the prescribed eligibility. Therefore, the petitioner was not called for certificate verification and the same is valid. Hence, she prayed for dismissal of this writ petition.
7. The eligibility conditions prescribed under the recruitment notification read with G.O.(Ms) No.254 dated 25.07.2023 are mandatory. It is not in dispute that the petitioner completed training course for Village Health Nurse / Auxiliary Nurse Midwife in CSI Hospital School of Nursing Ikkadu, Tiruvallur. From the aforesaid submissions, it is clear that in the absence of recognition from the State Government or the Director of Public Health, the petitioner does not satisfy the essential qualification for the post, though she possessed the qualification prescribed. It can be seen that due to want of such criterion, the respondents have not included her name. Further, it is to be borne in mind that registration with the Tamil Nadu Nurses and Midwives Council or 4/6
temporary engagement, including COVID service, cannot confer eligibility contrary to the statutory requirements. This Court finds no illegality or arbitrariness in the action of the respondents.
8. For the aforesaid reasons, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 08.01.2026 Index : Yes / No Internet: Yes/No Speaking Order/Non-Speaking Order Note : Issue order copy on 09.01.2026 vsi2 To
1. The Member Secretary Medical Service Recruitment Board (MRB) 7th Floor, DMS Building, No.359, Anna Salai, Teynampet, Chennai-600 006.
2. The Principal Secretary to Government, Health and Family Welfare department, Secretariat, Fort George, Chennai-600 009.
3. The Director of Public Health and Preventive Medicine, Chennai-600 006.
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M.DHANDAPANI, J.
vsi2 and W.M.P. No.921 of 2026 08.01.2026 6/6