The State Of Tamil Nadu v. J A Jayalal,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-02-2026
CORAM
THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE SHAMIM AHMED WA No. 310 of 2026 AND CMP NO. 2798 OF 2026
1. The State of Tamil Nadu Rep by its Secretary, Department of Health and Family Welfare, Fort St.George, Chennai -600 009.
2. The Director of Medical Education, Kilpauk, Chennai -600 010.
3. The Dean, Kanyakumari Government Medical College, Asaripallam, Kanyakumari 629 201.
..Appellants Vs
1. J A Jayalal, Professor and HOD of General Surgery, Department of General Surgery, Kanyakumari Government Medical College, Asaripallam, Kanyakumari 629 201.
2. G Sivasankar Director and Professor of Urology, Madras Medical College, Chennai.
3. M Bhavani Medical Superintendent / Professor, Rajiv Gandhi Government General Hospital, Chennai.
4. T Ravikumar Medical Superintendent / Professor, Government Medical College and Employees State Insurance Corporation (ESIC) Hospital, Coimbatore.
5. V Ramalakshmi Professor of Ophthalmology, Government Tirunelveli Medical College, Tirunelveli.
6. S Kumaravel Professor or Orthopaedics, Government Thanjavur Medical College, Thanjavur.
7. L. Arul Sundaresh Kumar Professor of ENT Government Madurai Medical College, Madurai.
8. R. Amutha Rani Professor of Anaesthesia, Government Tirunelveli Medical College, Tirunelveli.
9. P. Leo David Vice Principal/Professor, Kanyakumari Government Medical College, Asaripallam
10. J. Devi Meenal Professor of Radio Diagnosis, Government Kilpauk Medical College, Chennai.
11. S. Kalaivani Director and Professor of Dermato, Venereo and Leprosy, Madras Medical College, Chennai.
12. S. Muthuchitra Professor of ENT, Government Kilpauk Medical College, Chennai
13. V. Lokanayaki Professor of Anatomy, Government Kilpauk Medical College, Chennai.
14. T. Jeyasingh Professor of Forensic Medicine, Government Coimbatore Medical College, Coimbatore
15. M. Rohinidevi Professor of Anatomy Medicine, Government Coimbatore Medical College, Coimbatore.
..Respondents Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order of this Honble Court Dated 26.02.2025 passed in the said W.P.No.31048 of 2024.
For Appellants :
Ms.M.Sneha Special Counsel for Health and Family Welfare Department For Respondents :
Mr.Godson Swaminath for M/s.ISSAC CHAMBERS - for R1 RR2 to 15 given up vide Memo SR.1706
JUDGMENT
(Judgment of the Court was delivered by R.Suresh Kumar J.) This intra court appeal has been filed by the State and the Director of Medical Education against the order passed by the Writ Court dated 26.02.2025 made in W.P.No.31048 of 2024. In fact, the impugned order passed by the writ court is a common order passed in number of writ petitions including W.P.No.31048 of 2024.
2. The main issue of controversy that was resolved by the Writ Court is the promotions earned by 14 professors of medicine under various disciplines to the post of Dean of various Government run medical colleges in the State by issuance of G.O.(D) No.1044 dated 03.10.2024 of the Health and Family Welfare Department. After long discussion and reasoning, the writ Court by the impugned order dated 26.02.2025 had set aside G.O.(D) No.1044 dated 03.10.2024 and consequently gave a direction to the appellants herein who are the respondents in the writ petition to give promotion to the writ petitioners therein to the post of Dean in the Government Medical Colleges by placing them at the appropriate position in the panel fit for promotion for the year 2024-25 as per their respective seniority in the CML within a period of four weeks from the date of receipt of a copy of the order.
3. As against the said order though appeal had not been filed so far by the Government, private parties have filed writ appeals in W.A.Nos.924, 1246 and 1258 of 2025. Those writ appeals came to be dismissed by a Division Bench of this Court by judgment dated 04.07.2025. By thus, the order passed by the Writ Court dated 26.02.2025 is upheld.
4. The very same order passed by the Writ Court dated 26.02.2025 has now been chosen to be challenged in the present intra court appeal at the instance of the State and the Health and Family Welfare Department, Government of Tamil Nadu.
5. Heard Ms.M,Sneha, learned Special Counsel appearing for the appellant Department.
6. Once the order impugned has already been tested before this Court by way of writ appeals before a Division Bench, where those appeals have already been considered and decided by dismissing those appeals, the order impugned herein since has been upheld by the order of another Division Bench, nothing survives in the instant writ appeal to reagitate the issue once again.
7. In that view of the matter, we have no hesitation to hold that it is a vain attempt made by the State Government and therefore the appeal is liable to be dismissed. Accordingly it is dismissed. No costs. Consequently, connected miscellaneous petition is closed. However, the dismissal of this writ appeal will not preclude the appellant herein to pursue its other legal remedies in the manner known to law. (R.S.K.,J.) (S.S.A.,J.) 05-02-2026 Index: Yes/No Speaking/Non-speaking order KST
To
1. The State of Tamil Nadu Rep by its Secretary, Department of Health and Family Welfare, Fort St.George, Chennai -600 009.
2. The Director of Medical Education, Kilpauk, Chennai -600 010.
3. The Dean, Kanyakumari Government Medical College, Asaripallam, Kanyakumari 629 201.
R.SURESH KUMAR J.
AND SHAMIM AHMED J.
KST AND CMP NO. 2798 OF 2026 05-02-2026