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Madras High CourtWP/179/2026dismissed

S.Gowri v. The Director

2026-01-09Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.203 and 205 of 2026 S.Gowri ... Petitioner Vs.

1.The Director, Directorate of Medical Education, Poonamalee High Road, Kilpauk, Chennai-600 010.

2.The Dean, Coimbatore Medical College Hospital, Gopalapuram, Coimbatore-641 018.

3.Medical Services Recruitment Board, 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai-600 006, Represented by the Member Secretary.

....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 pertaining to the impugned Notification No.18/MRB/2025, dated 03.12.2025 on the file of the respondent No.3 and quash the same as illegal

to the extent of filling up through direct recruitment the available vacant post of Audiometrician in Tirunelveli Medical College Hospital and consequently, to direct the respondents 1 and 2 to consider the petitioner for posting in the available vacant post of Audiometrician in Tirunelveli Medical College Hospital within a time stipulated by this Court. For Petitioner : Mr.S.Louis For Respondents : Mr.K.Tippu Sulthan Government Advocate for R1 and R2 Ms.M.Sneha Special Panel Counsel for R3

O R D E R

This Writ Petition has been filed challenging the impugned Notification No.18/MRB/2025, dated 03.12.2025 issued by the respondent No.3 and quash the same as illegal to the extent of filling up through direct recruitment the available vacant post of Audiometrician in Tirunelveli Medical College Hospital and for a consequential direction to the respondents 1 and 2 to consider the petitioner for posting in the available vacant post of Audiometrician in Tirunelveli Medical College Hospital within a time stipulated by this Court.

2. The learned counsel appearing for the petitioner submits that the petitioner was appointed as Female Nursing Assistant on 28.02.2011 and she was sent for Audiometrician training in the year 2016-2017 and was posted as Audiometrician at Coimbatore Medical College Hospital on deputation and continues to work there. She had given several representations to the first respondent seeking promotion to the available post of Audiometrician which are pending till date. In the meanwhile, the third respondent issued the impugned Notification to fill up 11 posts of Audiometricians including a vacant post at Coimbatore Medical College Hospital. The apprehension of the petitioner is that if the posts of Audiometrician including the available vacant post of Coimbatore Medical College Hospital are filled up through direct recruitment, her chance of selection and posting in the said post would get prejudiced. Therefore, the petitioner seeks to quash the impugned notification.

3. The learned Special Panel Counsel appearing for the respondents submits that the petitioner was appointed as Female Nursing Assistant

through employment exchange in the year 2011 on time scale of pay and her services were regularized in the year 2013. With regard to impugned notification, she submits that the impugned notification dated 03.12.2025 is called for direct recruitment to the post of Audiometrician and it is a entry level post. There is no specific clause provided in the notification for giving preference towards in-service candidates.

4. It is not in dispute that the petitioner has been working as Female Nursing Assistant and has undergone Audiometrician training. It is also not in dispute that the petitioner's services were regularized and she has been working as Audiometrician in Coimbatore Medical College Hospital. However, it is the discretion of the respondents Department to decide the recruitment mode of filling up of vacant posts. It is to be noted here that in the impugned notification, there is no specific clause provided for in-service candidates. It has been specifically mentioned at the recruitment is through direct recruitment and the post is also a entry level post. Therefore, the petitioner has no legal right to claim preference over other candidates or challenge the entire Notification of filling up the post of Audiometrician.

However, the petitioner is entitled to apply for the post of Audiometrician if she is qualified as per the requirements mentioned in the Notification, in case if she wishes to do so. Except giving such liberty, this Court is not inclined to allow this writ petition.

5. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Connected miscellaneous petitions are closed. 09.01.2026 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.The Director, Directorate of Medical Education, Poonamalee High Road, Kilpauk, Chennai-600 010.

2.The Dean, Coimbatore Medical College Hospital, Gopalapuram, Coimbatore-641 018.

3.Medical Services Recruitment Board, 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai-600 006, Represented by the Member Secretary.

M.DHANDAPANI, J.

ssb 09.01.2026