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Madras High CourtWP/4584/2026dismissed

Devibala v. The State Of Tamil Nadu

2026-02-09Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.5078 and 5081 of 2026 1.Devibala 2.S.Vinodhini 3.M.Indhira 4.K.Ponniyammal 5.C.Shanmugavalli 6.Devika 7.P.Sujatha 8.M.Ambika Muthu 9.M.Lakshmi 10.L.Parimala 11.S.Sarswathi 12.M.Uma 13.K.Chitra 14.M.D.Menga 15.M.Kavitha 16.Vijayalakshmi 17.Gayathiri 18.Pachaiyammal 19.R.Shanthi 20.Sangeetha Jayaseelan 21.Muthulakshmi Dhanasekaran 22.B.Kalpana 23.C.Thenmozhi 24.Krishnaveni Dhamodharan 25.Gomathi

26.Valli 27.Meena Appadurai 28.C.Shalini 29.Sangeetha Balakrishnan 30.S.Sangeetha ... Petitioners Vs.

1.The State of Tamil Nadu, Rep.by its Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai-600 009.

2.The Medical Services and Recruitment Board, Rep.by its Member Secretary, 7th Floor, DMS Complex, Teynampet, Chennai-600 006. ....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned Notification No.10/MRB/2023 dated 11.10.2023 and 24.11.2025 issued by the second respondent and the consequential proceedings in CV Intimation No.10/MRB/2023 dated 03.01.2026, and quash the same insofar as it excludes the petitioners from consideration and consequently, direct the respondents to consider and appoint the petitioners to the post of Auxiliary Nurse Midwife/Village Health Nurse, as the petitioner had joined the ANM Training Course in a Government Institution prior to 25.07.2023, (i.e.,) prior to the issuance of G.O.Ms.No.254, in terms of the stand taken by the State Government and the order passed by the Hon'ble Supreme Court of India in

SLP(C)Nos.6712-6713 of 2024 dated 19.08.2025. For Petitioner :

Mr.B.Thirumalai For Respondents : Mr.K.Tippusulthan Government Advocate for R1 Mr.S.J.Mohammed Sathik for R2

O R D E R

The petitioners challenged the Notification No.10/MRB/2023 dated 11.10.2023 and 24.11.2025 issued by the second respondent inasmuch as the same excludes the petitioners from consideration and to direct the respondents to consider and appoint the petitioners to the post of Auxiliary Nurse Midwife/Village Health Nurse, on the ground that the petitioners had joined the training course in the Government Institution prior to 25.07.2023 (i.e.,) prior to issuance of the Government order.

2. The issue involved in the present writ petition is no longer res integra as the impugned Government Order has already been challenged by a number of persons in a batch of writ petitions in W.P(MD).Nos.25982 of 2023 etc., wherein, the Hon'ble Division Bench of this Court, vide order dated 17.09.2025, relying upon the order passed by the Hon'ble Supreme Court of India in SLP(C).Nos.6712, 6713 and 7378 of 2024 dated

19.08.2025, held that challenge to the Government Order dated 25.07.2023 does not survive no longer in the light of the order passed by the Hon'ble Supreme Court dated 19.08.2025.

3. The petitioners in the present writ petition have taken a stand that they have enrolled for the said course prior to 2023 (i.e.,) prior to issuance of G.O.Ms.No.254 dated 25.07.2023. However, the fact remains that when the selection process was going on, the petitioners were not possessing the requisite qualification and completed Course in the year 2024 and obtained the course certificate from the Board of Examination of Director of Public Health and Preventive Medicine, Chennai, Government of Tamil Nadu. Hence, as on the date of issuance of the Government orders, the petitioners were not possessing of requisite qualification. Since the issue raised in the present writ petition has already been dealt with by the Hon'ble Division Bench of this Court, where it was affirmed that for the posts of ANM/VHN, qualifications must be obtained from the Director of Public Health prior to the issuance of G.O.Ms.No.254 dated 25.07.2023. The petitioners herein do not satisfy with the requirement and therefore, they cannot challenge the Government Order on the said ground.

4. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Connected miscellaneous petitions are closed. 09.02.2026 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To 1.The Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai-600 009.

2.The Medical Services and Recruitment Board, Rep.by its Member Secretary, 7th Floor, DMS Complex, Teynampet, Chennai-600 006.

M.DHANDAPANI, J.

ssb 09.02.2026