Madras High CourtWP(MD)/303/2026dismissed

Manimegalai G v. The Member Secretary

2026-02-06Honourable Mr Justice B.Pugalendhi30 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.02.2026

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)Nos.303, 313, 431, 468, 487, 490, 559, 742, 898, 971, 1179, 1197 and 2012 of 2026 and WMP(MD)Nos.301 to 303, 313 to 315, 399, 401, 404, 439, 441, 443, 451, 452, 456 to 458, 505, 507, 508, 599, 601, 602, 721 to 724, 767 to 769, 919 to 921, 967 to 969, 971, 1585 to 1586 of 2026 W.P.(MD)No.303 of 2026

1. G.Manimegalai

2. A.Prema

3. Roslin Mary

4. Dharanya

5. Gomathi

6. S.Radha

7. R.Akila

8. T.Kavitha

9. S.Priyanka

10. Subashini

11. S.Durgadevi ... Petitioners Vs The Member Secretary, Medical Services Recruitment Board (MRB) Government of Tamil Nadu, 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai - 6.

... Respondent 1/30

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings in Notification No. 10/MRB/2023 (Corrigendum-II) dated 24.11.2025 on the file of the respondent and quash the same as illegal and further direct the respondent to evaluate the candidature of the petitioners for the post of auxiliary nurse midwife / village health nurse as per the procedure of selection stipulated in the notification of the respondent dated 11.10.2023 and consequently grant appointment to the petitioners, if they are otherwise eligible.

For Petitioners : Mr.K.Prabhu For Respondents : Mr.Ajmalkhan, Additional Advocate General assisted by M/s.P.Yasmin Begum W.P.(MD)No.313 of 2026

1. D.Kalaiarasi

2. M.Vimala

3. S.Shakila Rani

4. T.Shanthi

5. B.Maheswari

6. M.Kalai Selvi

7. D.Samuthirakani

8. J.Backiyalakshmi

9. V.Mari Selvi

10. Suganthi ... Petitioners 2/30

Vs The Member Secretary, Medical Services Recruitment Board (MRB) Government of Tamil Nadu, 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai - 6.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings in Notification dated 11.10.2023 and the subsequent Corrigendum - II dated 24.11.2025 on the file of the respondent and quash the same as illegal and further direct the respondent to formulate a uniform and rational selection criteria and consider the petitioners for appointment to the post of Auxiliary Nurse Midwife/Village Health Nurse.

For Petitioners : Mr.M.Rajarajan For Respondents : Mr.Ajmalkhan, Additional Advocate General assisted by M/s.P.Yasmin Begum W.P.(MD)No.431 of 2026

1. R.Hemavathi

2. S.K.Priyanka

3. D.Pavithra

4. S.Gomathi ... Petitioners Vs 3/30

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

2. The Member Secretary, Government of Tamilnadu, Medical Services Recruitment Board (MRB), 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai - 600 006.

3. The Member Secretary, Government of Tamilnadu, National Health Mission Tamil Nadu, 5th Floor, 359, Anna Salai, DMS Annex Building, DMS Complex, Teynampet, Chennai - 600 006.

4. The Director, Office of the Director of Public Health and Preventing Medicine, Chennai - 6.

to call for the petitioners for the present Certificate Verification based on the weightage and seniority given in the original 2nd respondent's Notification No.10/MRB/2023 dated 11.10.2023 for the post of Auxiliary Nurse Midwife/Village Health Nurse by considering their representation dated 06.01.2026, within the period stipulated by this Court.

For Petitioners : Mr.A.Haja Mohideen For R1 and R4 : Mr.C.Venkatesh Kumar, Special Government Pleader For R2 and R3 : Mr.Ajmalkhan, Additional Advocate General assisted by M/s.P.Yasmin Begum W.P.(MD)No.468 of 2026

1. S.Jayarani

2. K.Viji

3. V.Manimaladevi

4. M.Muthumari

5. S.Dhanalakshmi

6. R.Nirmala

7. S.Jeyabharathi

8. S.Sengolmary ... Petitioners Vs The Medical Services Recruitment Board, Rep. by its Member Secretary, 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai - 600 006.

... Respondent 5/30

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for records relating to the impugned Notification No.10/MRB/2023 dated 11.10.2023 and the subsequent Notification No.10/MRB/2023Corrigendum-II dated 24.11.2025 issued by the respondent, quash the same and consequently direct the respondent to frame and adopt a uniform and transparent selection criteria and appoint the petitioners to the post of Auxiliary Nurse midwives/Village Health Nurse. For Petitioners : Mr.P.Karthick For Respondent : Mr.Ajmalkhan, Additional Advocate General assisted by M/s.P.Yasmin Begum W.P.(MD)No.487 of 2026 A.Rajeswari ... Petitioner Vs

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

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

... Respondents 6/30

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings in CV INTIMATION No. 10/MRB/2023 dated 03.01.2026 and the Notification No.10/MRB/2023 issued by the respondent dated 24.11.2025 and quash the same, consequently direct the respondents to appoint the petitioner in the post of Auxiliary Nurse Midwife/Village Health Nurse. For Petitioner : Mr.T.Aswin Rajasimhan For R1 : Mr.C.Venkatesh Kumar, Special Government Pleader For R2 : Mr.Ajmalkhan, Additional Advocate General assisted by M/s.P.Yasmin Begum W.P.(MD)No.490 of 2026

1. S.Kamatchi

2. P.Krishnaveni

3. Hepzi Jebapriya

4. A.Vasanthi

5. D.Vanitha

6. R.Rajeswari

7. K.Raji

8. M.Veeralakshmi

9. M.Revathi

10. S.Selvalakshmi

11. S.Ramalakshmi

12. B.Kavitha

13. T.Rajeshwari

14. M.Valarmathi

15. G.Sethurani 7/30

16. R.M.Semmalar

17. A.Rathi

18. T.Arul Jothi ... Petitioners Vs The Member Secretary, Medical Services Recruitment Board (MRB) Government of Tamil Nadu, 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai - 600 006.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings in Notification No. 10/MRB/2023 dated 11.10.2023 and the subsequent Corrigendum-II dated 24.11.2025 on the file of the respondent and quash the same as illegal and further direct the respondent to formulate a uniform and rational selection criteria and consider the petitioners for appointment to the post of Auxiliary Nurse Midwife/Village Health Nurse. For Petitioners : Mr.R.Maheswaran For Respondent : Mr.Ajmalkhan, Additional Advocate General assisted by M/s.P.Yasmin Begum W.P.(MD)No.559 of 2026

1. V.Vinowliflora

2. S.Tamil Selvi 8/30

3. A.Usharani

4. S.Chitra

5. R.Poorana Selva Rani

6. M.Bhuvanesh

7. M.Krishnaveni

8. A.Sivabackiam

9. S.Nandhinidevi ... Petitioners Vs The Member Secretary, Medical Services Recruitment Board (MRB) Government of Tamil Nadu, 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai - 600 006.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings in Notification No. 10/MRB/2023 (Corrigendum-II) dated 24.11.2025 on the file of the respondent and quash the same as illegal and further direct the respondents to evaluate the candidature of the petitioners for the post of Auxiliary Nurse Midwife/Village Health Nurse as per the procedure of selection stipulated in the notification of the respondent dated 11.10.2023 and consequently grant appointment to the petitioners if they are otherwise eligible.

For Petitioners : Mr.N.M.Krishna Kanth For Respondent : Mr.Ajmalkhan, Additional Advocate General assisted by M/s.P.Yasmin Begum 9/30

W.P.(MD)No.742 of 2026 F.Sai Pricila ... Petitioner Vs The Member Secretary, Medical Services Recruitment Board (MRB) Government of Tamil Nadu, 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai - 600 006.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings in Notification No. 10/MRB/2023 (Corrigendum - II) dated 24.11.2025 on the file of the respondent and to quash the same as illegal and consequently direct the respondent to evaluate the candidature of the petitioner for the post of auxiliary nurse midwife/village health nurse as per the procedure of selection stipulated in the notification of the respondent dated 11.10.2023 and to grant appointment to the petitioner within a time frame that may be fixed by this Court.

For Petitioner : Mr.SC.Herold Singh For Respondent : Mr.Ajmalkhan, Additional Advocate General assisted by M/s.P.Yasmin Begum 10/30

W.P.(MD)No.898 of 2026

1. K.Sasikala

2. A.Durkadevi

3. M.Rosy Jencia

4. B.Cathrin Riga

5. K.Kalpana

6. T.Priya

7. L.Lakshmi Narasu

8. A.Indumathi

9. K.Bakkiyalakshmi

10. A.Nivetha

11. A.Stella Santhi

12. A.Anandhi

13. S.Arockia Shiny

14. P.Angalaparameswari

15. S.Thangamani

16. S.Revathi

17. N.Rajalakshmi

18. S.Vanitha

19. S.Murugeswari 20.V.Janupriya

21. M.Madhalina

22. S.Premavathi

23. P.Abinaya

24. C.Shalini

25. K.Kalaiyarasi

26. M.Poongodi ... Petitioners Vs The Member Secretary, Medical Services Recruitment Board (MRB) Government of Tamil Nadu, 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai - 600 006.

... Respondent 11/30

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings in Notification No. 10/MRB/2023 (Corrigendum - II) dated 24.11.2025 on the file of the respondent and to quash the same as illegal and consequently direct the respondent to evaluate the candidature of the petitioners for the post of auxiliary nurse midwife/village health nurse as per the procedure of selection stipulated in the notification of the respondent dated 11.10.2023 and consequently grant appointment to the petitioners if they are otherwise eligible.

For Petitioners : Mr.T.R.Vijaykumar For Respondent : Mr.Ajmalkhan, Additional Advocate General assisted by M/s.P.Yasmin Begum W.P.(MD)No.971 of 2026

1. S.Indira

2. K.Mariammal

3. M.Piramila

4. K.Saranya

5. K.Muthulakshmi

6. B.Kalaiyarasi

7. S.Krishnaveni

8. R.Zeyona

9. Rani

10. P.Velammal

11. R.Kalavathi ... Petitioners 12/30

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

2. The Member Secretary, Medical Services Recruitment Board (MRB), Government of Tamil Nadu, 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai - 600 006.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings in Notification No. 10/MRB/2023 dated 11.10.2023 and Corrigendum - II dated 24.11.2025 on the file of the 2nd respondent and quash the same as illegal and further direct the respondents to evaluate the candidature of the petitioners for the post of auxiliary nurse midwife/village health nurse as per the procedure of selection stipulated in the notification of the 2nd respondent dated 11.10.2023 and consequently grant appointment to the petitioners if they are otherwise eligible.

For Petitioners : Mr.R.Esakkiraja 13/30

For R1 : Mr.C.Venkatesh Kumar, Special Government Pleader For R2 : Mr.Ajmalkhan, Additional Advocate General assisted by M/s.P.Yasmin Begum W.P.(MD)No.1179 of 2026

1. R.Banumathi

2. K.Arjitha Shivani

3. A.Atchaya

4. K.Boomika

5. M.Manibala ... Petitioners Vs

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

2. The Member Secretary, Government of Tamil Nadu, Medical Services Recruitment Board (MRB), 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai - 600 006.

3. The Member Secretary, Government of Tamilnadu, National Health Mission Tamil Nadu, 5th Floor, 359, Anna Salai, DMS Annex Building, 14/30

DMS Complex, Teynampet, Chennai - 600 006.

4. The Director, Office of the Director of Public Health and Preventing Medicine, Chennai - 6.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent's impugned Corrigendum - II in Notification No.10/MRB/2023 dated 24.11.2025 and their consequential impugned CV intimation No.10/MRB/2023 dated 03.01.2026 and quash the same as devoid of merits and consequently, direct the 2nd respondent to call for the petitioners for the present Certificate Verification based on the weightage and seniority given in the original 2nd respondent's Notification No.10/MRB/2023 dated 11.10.2023 for the post of Auxiliary Nurse Midwife/Village Health Nurse, within the period stipulated by this Court.

For Petitioners : Mr.A.Haja Mohideen For RR1, 2 and 4 : Mr.C.Venkatesh Kumar, Special Government Pleader For R3 : Mr.Ajmalkhan, Additional Advocate General assisted by M/s.P.Yasmin Begum 15/30

W.P.(MD)No.1197 of 2026

1. R.Juliet Marry

2. B.Bhuvaneshwari

3. B.Saranya

4. P.Praba ... Petitioners Vs The Member Secretary, Medical Services Recruitment Board (MRB) Government of Tamil Nadu, 7th Floor, DMS Building 359, Anna Salai, Teynampet, Chennai - 6.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned proceedings in Notification No. 10/MRB/2023 (Corrigendum-II) dated 24.11.2025 on the file of the respondent and quash the same as illegal and further direct the respondent to evaluate the candidature of the petitioners for the post of Auxiliary Nurse Midwife/Village Health Nurse as per the procedure of selection stipulated in the Notification of the respondent dated 11.10.2023 and consequently grant appointment to the petitioners if they are otherwise eligible.

For Petitioners : Mr.T.R.Vijaykumar For Respondent : Mr.Ajmalkhan, Additional Advocate General assisted by M/s.P.Yasmin Begum 16/30

W.P.(MD)No.2012 of 2026

1. R.Annamariyal

2. S.Santhkumari

3. R.Arulayee

4. R.Praveena

5. K.Shanthi

6. M.Dhanalakshmi

7. S.Tharani

8. A.Sujatha

9. M.Kamalanayaki

10. A.Karpagam

11. M.Samundeeswari

12. J.Geetha

13. K.Bakthalakshmi

14. N.Indira

15. R.Priyadharshini

16. Radha

17. S.Sathya

18. Soundarani

19. Kokilavani

20. Kavitha

21. G.Sudha

22. K.Radha

23. S.Sathya

24. G.Vijayakumari

25. R.Rajeswari

26. R.Revathi

27. T.Panimalar

28. L.Sangeeta

29. M.Sangeeta

30. B.Manonmani

31. S.Deepa

32. K.Uma ... Petitioners Vs 17/30

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

2. The Member Secretary, Medical Services Recruitment Board (MRB) Government of Tamil Nadu, 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai - 600 006.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records impugned proceedings in Notification No.10/MRB/2023 (Corrigendum-II) dated 24.11.2025 on the file of the 2nd respondent and quash the same as illegal and further direct the respondent to evaluate the candidature of the petitioners for the post of Auxiliary Nurse Midwife/Village Health Nurse as per the procedure of selection stipulated in the notification of the 2nd respondent dated 11.10.2023 and consequently grant appointment to the petitioners if they are otherwise eligible.

For Petitioners : Mr.N.Ganesh For R1 : Mr.C.Venkatesh Kumar Special Government Pleader For R2 : Mr.Ajmalkhan, Additional Advocate General assisted by M/s.P.Yasmin Begum 18/30

COMMON ORDER The petitioners have applied for the post of Village Health Nurse pursuant to the Notification dated 11.10.2023 issued by the Medical Services Recruitment Board. The prescribed educational qualification as per the Notification dated 11.10.2023 reads as under: Sl.

No.

Name of the Post Qualification 1.

Auxiliary Nurse Midwife/Village Health Nurse (i) Must have passed Higher Secondary (+2).

(ii) Must have undergone two years Multi - Purpose Health Workers (Female) training Course / Auxiliary Nurse Midwifery Training Course awarded by the Director of Public Health and Preventive Medicine;

(iii) A certificate of registration issued by the Tamil Nadu Nurses and Midwives Council; and (iv) Must possess physical fitness for camp life. Provided that those who have undergone 18 months Multi-Purpose Health Workers (Female) Training Course / Auxiliary Nurse Midwifery Training Course awarded by the Director of Public Health and Preventive Medicine and have passed S.S.L.C. (10th Standard) prior to 15.11.2012 are also eligible.

The selections are supposed to be made, based on the marks secured by the candidates in their academic and technical qualifications and certain weightage has been specified for the marks obtained in each education 19/30

qualification, which reads as follows:

Minimum educational qualification required for the post Weightage of marks Certificate/ Diploma HSC/P.U.C*** SSLC / 10th Certificate with PUC/HSC qualification (2012 onwards)** 50% 30% 20% While so, the Medical Recruitment Board, by issuing a Corrigendum on 24.11.2025, has modified the weightage provided to the educational qualifications as under:

Minimum educational qualification required for the post Weightage of marks Certificate/ Diploma HSC *** SSLC / 10th a. Certificate with SSLC (until 15.12.2012) 60% - 40% b. Certificate with HSC qualification (2012 onwards) 60% - 40% Since the procedure of selection has been changed in the middle of selection, by issuing a Corrigendum on 24.11.2025 and also by taking away the weightage marks provided for Higher Secondary Certificate, all these writ petitions have been filed challenging the same.

2. This Court, while entertaining these writ petitions, has granted an interim order directing the respondent/s to allow the petitioners to 20/30

participate in the counselling. The respondents have also filed their counter affidavit. Therefore, these writ petitions are taken up for final disposal.

3. The learned counsel for the petitioners, by referring to a Division Bench Judgment of the Hon'ble Supreme Court in Manjusree vs. State of Andhra Pradesh and another reported in 2008 3 SCC 512, submitted that changing the selection process after issuing the notification is not proper. The learned counsels have also pointed out that a Larger Bench of the Hon'ble Supreme Court of India, in Tej Prakash Pathak & others vs. Rajasthan High Court and others, reported in 2025 2 SCC 1, has also followed the principles laid down in Manjusree's case. The learned counsel for the petitioners have also pointed out that in view of this corrigendum, there are double entries in the certificate verification list.

4. The learned Additional Advocate General appearing for the respondent/Medical Recruitment Board submits that the rule of procedure of Medical Services Recruitment Board for recruitment of 21/30

various categories has been amended vide G.O.(Ms.)No.401, Health and Family Welfare (C2) Department dated 16.12.2014. As per clause (a) of Rule 3(1), where the basic essential qualification for a technical post is a diploma/certificate and it has been changed from SSLC to HSC, then weightage will be restricted to marks obtained in SSLC and technical diploma/certificate(instead of HSC and the technical diploma/certificate). Therefore, according to the learned Additional Advocate General, an additional weightage marks have been provided to HSC which is against the rules of procedure already in place. This mistake has been noted by the Chairman of the Medical Service Recruitment Board and the same has been informed to the Government that the weightage marks provided as per the earlier Notification is not in accordance with G.O.Ms.No.

401, Health and Family Welfare (C2) Department dated 16.12.2014 and in G.O.(Ms)No.331, Health and Family Welfare Department dated 05.11.2015. Therefore, the Government, after careful consideration, permitted the respondent/Medical Recruitment Board to issue the corrigendum in accordance with the existing Rules and the correct weightage of marks is provided in the corrigendum.

5. The learned Additional Advocate General, by referring to the Judgments referred by the learned counsel for the petitioners, submitted that in fact, the decision of the Hon'ble Supreme Court in Manjusree's case is pertaining to changes made after completion of selection process. In this case, though the Notification was published by the Government on 11.10.2023, the recruitment for the said post was not conducted due to the pendency of the court cases before this Court as well as before the Hon'ble Supreme Court of India. The selection process was started again only after the disposal of those pending cases and vide G.O.(4D)No.9, Health and Family Welfare (L1) Department dated 22.09.

2025, the Government has permitted the Director of Public Health and Preventive Medicine to appoint the 1231 candidates who have studied in the Government Auxiliary Nurse Midwives Training Schools and passed the Auxiliary Nurse Midwives Course as per the procedure existing prior to G.O.(Ms)No.254, Health and Family Welfare (L1) Department, dated 25.07.2023 by relaxing G.O.(Ms)No.243, Health and Family Welfare (C2) Department, dated 13.08.

Private College by following the process of selection as per G.O.(Ms)No. 254, Health and Family Welfare (L1) Department, dated 25.07.2023 through the Medical Services Recruitment Board, subject to the condition that the posts to be filled up are live posts only. Since the earlier Notification was not in accordance with the Rules of Procedure of the Medical Services Recruitment Board, the subsequent Corrigendum has been issued and the same has been approved by the Government vide G.O.(D)No.1379, Health and Family Welfare (L1) Department, dated 21.11.2025.

6. With regard to the double entries, the learned Additional Advocate General admits that there are 428 double entries in the selection process. However, this is due to the fresh application filed by those candidates, who have already applied pursuant to the Notification of the year 2023. These double entries were also identified during the certificate verification and those double entries have also been eliminated.

7. This Court considered the rival submissions made and also 24/30

perused the materials placed on record.

8. All these writ petitions are filed challenging the Corrigendum issued by the respondents by taking away the weightage marks which has already been provided for HSC completed by the candidates. In the earlier Notification dated 11.10.2023, the Medical Services Recruitment Board has prescribed the weigthage mark for the 10th standard as 20% and for HSC as 30%. However, the Rules of Procedure of Medical Services Recruitment Board for recruitment of various categories was amended, vide, G.O.(Ms)No.401, Health and Welfare (C2) Department dated 16.12.2014, wherein, Sub Rule (a) of Rule 3(1) of the Rule was amended as under:

"(a) Wherever the basic essential qualification for a technical post is a diploma / certificate has been changed from SSLC to HSC, in all such cases the weightage may be restricted to marks obtained in SSLC and the technical diploma / certificate (instead of HSC and the technical diploma / certificate)."

9. No doubt, the procedure of selection cannot be changed after the 25/30

completion of the selection procedure in an arbitrary manner. However, the recruitment body is also bound to conduct the recruitment only as per the extant rules for the particular post. It would be pertinent to refer to the decision of the Hon'ble Supreme Court in Tej Prakash Pathak and others vs. Rajasthan High Court and others reported in 2025 2 SCC 1, wherein the court considered the decisions rendered in K.Manjusree vs. State of Andhra Pradesh and another, reported in 2008 3 SCC 512 and State of Haryana vs. Subash Chander Marwaha, reported in 19743 3 SCC 220, and held that the extant rules regarding procedure and eligibility is binding on the recruiting bodies: "Conclusions

65. We, therefore, answer the reference in the following terms:

65.1. Recruitment process commences from the issuance of the advertisement calling for applications and ends with filling up of vacancies;

65.2. Eligibility criteria for being placed in the select list, notified at the commencement of the recruitment process, cannot be changed midway through the recruitment process unless the extant Rules so permit, or the advertisement, which is not contrary to the extant 26/30

Rules, so permit. Even if such change is permissible under the extant Rules or the advertisement, the change would have to meet the requirement of Article 14 of the Constitution and satisfy the test of non-arbitrariness; .................

65.4. Recruiting bodies, subject to the extant Rules, may devise appropriate procedure for bringing the recruitment process to its logical end provided the procedure so adopted is transparent, nondiscriminatory/non-arbitrary and has a rational nexus to the object sought to be achieved;

65.5. Extant Rules having statutory force are binding on the recruiting body both in terms of procedure and eligibility. However, where the rules are non-existent, or silent, administrative instructions may fill in the gap;

10. A perusal of Rules of Procedure of the Medical Services Recruitment Board, issued vide G.O.(Ms)No.401, Health and Family Welfare Department dated 16.12.2014 makes it clear that weightage should be provided only to the marks obtained in SSLC and the technical diploma/ certificate and not HSC as the minimum qualification for the post of Auxiliary Nurse Midwife/Village Health Nurse is Higher 27/30

Secondary. However, the notification dated 11.10.2023 has provided weightage to the HSC marks against the extant rules of procedure. Therefore, the respondents have corrected this error by issuing the corrigendum dated 24.11.2025 and bought the selection process in line with the extant rules. In light of the amendment to the Rules of Procedure of the Medical Services Recruitment Board, vide G.O.(Ms)No.401, Health and Family Welfare Department dated 16.12.2014 and also considering the decision of the Hon'ble Supreme Court in Tej Prakash Pathak and others vs. Rajasthan High Court and others reported in 2025 2 SCC 1 and the Government Order passed in G.O.(D)No.1379 dated 21.11.2025, this Court is not inclined to entertain these writ petitions.

11. Accordingly, all these writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 06.02.2026 ogy Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

28/30

1. The Secretary, Department of Health and Family Welfare, Fort St. George, Chennai - 600 009.

2. The Member Secretary, Government of Tamilnadu, Medical Services Recruitment Board (MRB), 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai - 600 006.

3. The Member Secretary, Government of Tamilnadu, National Health Mission Tamil Nadu, 5th Floor, 359, Anna Salai, DMS Annex Building, DMS Complex, Teynampet, Chennai - 600 006.

4. The Director, Office of the Director of Public Health and Preventing Medicine, Chennai - 6.

29/30

B.PUGALENDHI, J.

ogy 06.02.2026 30/30