Dr.Elavarasan v. The Principal Secretary To Government Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.12.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI Elavarasan ... Petitioner (In W.P.No.49505 of 2025) Hariprasath ... Petitioner (In W.P.No.49508 of 2025) Ezhilarasan ... Petitioner (In W.P.No.49509 of 2025) Vs 1.The Principal Secretary to Government of Tamil Nadu, Department of Health and Family Welfare, Fort St.George, Chennai-600 009.
2.The Chairman, Medical Service Recruitment Board, 7th Floor, DMS Complex, Teynampet, Chennai-600 006.
3.The Director of Public Health andPrevention Medicine, DMS Complex, Teynampet, Chennai-600 006.
... Respondents (in both petitions) 1/6
Common Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider representation of the petitioner dated 9.12.2025 in accordance with law and appoint him as Assistant Surgeon in the existing 16 short fall SC Vancancy to secure the ends of justice.
In all Petitions For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.K.Tippusulthan, Government Advocate for RR-1 & 3 : Mr.S.J.Mohd Sathik, Government Advocate for R-2
O R D E R
These Writ Petitions have been filed seeking a direction to the respondents to consider the representation of the respective petitioners dated 9.12.2025 in accordance with law and appoint them as Assistant Surgeons in the existing 16 short fall SC Vancancies.
2. Mr.K.Tippusulthan, learned Government Advocate takes notice on behalf of respondents 1 & 3. Mr.S.J.Mohd Sathik, learned Government Advocate takes notice on behalf of the 2nd respondent. 2/6
3. It is the case of the petitioners that they are MBBS graduates registered with Tamil Nadu Medical Council, Chennai (Registration No.189811 dated 12.07.2024). They successfully qualified in the Medical Service Recruitment Board's Recruitment of Assistant Surgeon (General) Examination 2024 under the S.C.Category and completed Certificate Verification on 15.02.2025. Despite 16 shortfall SC vacancies, no appointment orders have been issued to them. Consequently, the petitioners submitted a representation dated 09.12.2025 respectively to the respondents requesting appointment to the post of Assistant Surgeon (General) under SC Shortfall Vacancies however, the same has not been considered so far and therefore, in order to espouse the said cause, the petitioners have come up with the present Writ Petitions.
4. Learned counsel for the petitioners submits that, it would suffice, if this Court issues a direction to the respondents to consider the representation dated 09.12.2025 of the petitioners on merits and pass appropriate orders on merits within the time that may be stipulated by this Court.
5. On the above contention, this Court heard the respective learned Government Advocate appearing for the respondents. 3/6
6. In view of the limited relief sought for by the petitioners, this Court without going into the merits of the case, directs the respective petitioners to submit a copy of the representation dated 09.12.2025 to the respondents along with the copy of this order within a period of two (2) weeks from the date of receipt of copy of this order and upon such representation, the respondent concerned is directed to consider and pass appropriate orders on the same on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioners and aggrieved persons if any, within a period of four (4) weeks thereafter.
7. Accordingly, these Writ Petitions are disposed of with the aforesaid direction. No Costs.
19.12.2025 Index : Yes / No Speaking Order / Non-speaking order Nhs 4/6
To 1.The Principal Secretary to Government of Tamil Nadu, Department of Health and Family Welfare, Fort St.George, Chennai-600 009.
2.The Chairman, Medical Service Recruitment Board, 7th Floor, DMS Complex, Teynampet, Chennai-600 006.
3.The Director of Public Health andPrevention Medicine, DMS Complex, Teynampet, Chennai-600 006.
5/6
M.DHANDAPANI, J Nhs W.P.Nos.49505, 49508 & 49509 of 2025 19.12.2025 6/6