A. Pushpa v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2026
CORAM:
THE HON'BLE MR. JUSTICE M. DHANDAPANI W.P. No.2708 of 2026 and WMP.Nos.2964, 2965, 2966 & 2968 of 2026 A.Pushpa ... Petitioner Vs 1.The State of Tamilnadu, Rep. by its principal Secretary to Tamilnadu, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Director of Public Health and Preventive Medicine, DMS Campus, Anna Salai, Teynampet, Chennai-600 006.
3.The Member Secretary, Medical Service Recruitment Board (MRB), 7th Floor DMS Building, 359 Anna Salai, Teynampet, Chennai-600 006.
4.The Director of Medical Education, Kilpauk, Chennai-600 010.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, calling for the records pertaining to Notification No.02/MRB/ 2023 dated 17.02.2023 and the
subsequent corrigendum dated 08.12.2025 issued by the 3rd respondent and quash the rejection of the petitioner's application bearing application No.230200634 in provisional selection list dated 08.01.2026 bearing PSL No.19/MRB/ 25 and consequently direct the 3rd respondent to consider and appoint the petitioner to the post of Ophthalmic Assistant in accordance with law.
For petitioner : Mr.T.Chellapandi for Mr.S.V.Vasantha Kumar For respondents : Mr.K.Tippu Sulthan, Government Advocate
ORDER
This Writ Petition has been filed to call for the records pertaining to Notification No.02/MRB/ 2023 dated 17.02.2023 and the subsequent corrigendum dated 08.12.2025 issued by the 3rd respondent and to quash the rejection of the petitioner's application bearing application No.230200634 in provisional selection list dated 08.01.2026 bearing PSL No.19/MRB/ 25 and consequently to direct the 3rd respondent to consider and appoint the petitioner to the post of Ophthalmic Assistant in accordance with law. 2.
The learned counsel appearing for the petitioner would submit that the petitioner completed schooling from Tamil-medium Government School at Barur Town and she also underwent two years diploma course in Ophthalmic
Assistant (1st batch) at Sri Gokulam Institute of Paramedical Sciences, Salem in the year 1993-1995, In the year 2008, she approached this Court in WP.no.13447 of 2008 seeking for appointment of Ophthalmic Assistant and this Court allowed the writ petition and directed to consider the representation of the petitioner. Thereafter the petitioner completed three-month Refresher Paramedical Ophthalmic Assistant Training Course conducted by the Regional Institute of Ophthalmology and Government Ophthalmic Hospital, Chennai in the year 2007. Once again the petitioner approached this Court for appointment in the said post in WP.No.29231 of 2022 and by order dated 04.11.2022, this Court directed to consider her case on merits. Subsequently, the third respondent issued notification dated 17.02.
2023 inviting application for appointment to the post of Ophthalmic Assistant for 93 vacant posts and subsequently, by way of corrigendum, they distributed vacancy as communal category vide corrigendum dated 08.12.2025 in which the petitioner made application for the post of Ophthalmic Assistant on 08.02.2023 though Medical Services Recruitment Board. The impugned provisional selection list was published on 08.01.2026 in which the petitioner's name was not found thereby the present writ petition has been filed for the above said prayer.
3.
The learned counsel for the petitioner would submit that the
petitioner participated in the MBC denotified category on disabled category. As per notification, the person who possessed 65% of disablement of ear disability, and such category was not allotted for reservation. The petitioner secured 57.76 marks whereas the person who secured a lower mark was allotted thereby the learned counsel for the petitioner prayed for direction. 4.
Per contra, the learned Government Advocate appearing for the respondents would submit that the petitioner did not make application for DAP category and she made application only for MBC denotified category in which the cut off mark for general turn is 58.24 and women category is 59.51, whereas the petitioner secured only 57.75. The petitioner has not secured the cut off mark thereby her candidate was not considered. 5.
In response, the learned counsel for the petitioner would submit that out of 93 posts, only 83 posts have been filled up and the remaining posts have not been filled up so far.
6.
Therefore, if the petitioner is otherwise eligible, her candidature may be considered in future for selection process.
7.
With the above observations, this writ petition is dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.
27.01.2026 Index :Yes/No Speaking/Non-speaking order : Yes/No lok
M. DHANDAPANI, J.
lok To 1.The State of Tamilnadu, Rep. by its principal Secretary to Tamilnadu, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai-600 009.
2.The Director of Public Health and Preventive Medicine, DMS Campus, Anna Salai, Teynampet, Chennai-600 006.
3.The Member Secretary, Medical Service Recruitment Board (MRB), 7th Floor DMS Building, 359 Anna Salai, Teynampet, Chennai-600 006.
4.The Director of Medical Education, Kilpauk, Chennai-600 010.
27.01.2026
W.P.No.2708 of 2026 M.DHANDAPANI,J.
The matter is today listed under the caption 'for being mentioned' at the instance of the learned counsel appearing for the petitioner. 2.The learned counsel appearing for the petitioner submitted that on 27.01.2026, this Court observed that the petitioner's candidature may be considered in the present selection process, however, in paragraph no.6 of the order dated 27.01.2026 made in W.P.No.2708 of 2026, inadvertently, it has been mentioned as 'Therefore, if the petitioner is otherwise eligible, her candidature may be considered in future for selection process', and prayed for appropriate orders. 3.In view of the above, paragraph no.6 of the order dated 27.01.2026 made in W.P.No.2708 of 2026, is to be read as follows: "6.
Therefore, if the petitioner is otherwise eligible, her candidature may be considered in present for selection process."
M.DHANDAPANI,J.
pri 4.Registry is directed to carry out the necessary corrections and reissue copy of the order to the respective learned counsel appearing for the parties.
27.02.2026 pri W.P.No.2708 of 2026 27.02.2026