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Madras High CourtWP(MD)/890/2025disposed of

M. Ramachandran v. The State Of Tamil Nadu

2025-10-22Honourable Mr Justice K.Kumaresh Babu7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.890 of 2025 and W.M.P(MD)Nos.555, 556 and 558 of 2025 M.Ramachandran

...Petitioner

Vs 1.The State of Tamil Nadu, Rep by its Health Secretary / Principal Secretary to Government, Health and Family Welfare Department, Fort St.George, Secretariat, Chennai 2.The Director, Directorate of Medical and Rural Health Services, Chennai 3.The Director of Medical Education and Research, Keelpakkam, Chennai.

4.The Dean, The Government Rajaji Hospital, Madurai 5.The Resident Medical Officer, Government Hospital of Thoracic Medicine, Thoppur, Astinpatti, Madurai.

... Respondents 1/7

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the panel for the post of Assistant for the year 2024-2025 issued by the second respondent in his proceedings in Ref.No.42742/E2/1/2024 dated 16.08.2024 in so far as excluding the name of the petitioner is concerned and the proceedings of the second respondent in his proceedings in Ref.No.42742/E2/1/2024 dated 16.08.2024 for conducing promotional counselling to the post of Assistant for the panel year 2024-2025 without including the name of the petitioner is concerned and the consequential order passed by the second respondent vide his proceedings in Ref.No.42742/E2/1/2024-2 dated 17.10.

2024 in so far as posting the petitioner to the Government Headquarters Hospital, Aranthangi, Pudukottai District without conducting any counseling is concerned and quash the same as illegal and consequentially to direct the respondents to post the petitioner as Assistant in any one of the vacancies in and around Madurai and Virudhunagar Districts within the petitioner that may be stipulated by this Court.

For Petitioner : M/s.H.Jasima Yasmin For M/s.Ajmal Associates For Respondents : Mr.F.Deepak Special Government Pleader 2/7

O R D E R

The petitioner had challenged the communication, wherein he had been placed in the list of Junior Assistant who had not been included in the panel for promotion to the post of Assistant by transfer and also the consequential panel of the persons, who had been included and the further consequential order posting the petitioner to the Government Head Quarters Hospital, Aranthangi, Pudukottai, without conducting any counselling and to direct the respondents to post him as Assistant in any one of the vacancies in and around Madurai or Virudhunagar Districts.

2. It is to be noted that against the order of excluding the name of the petitioner in the panel, the petitioner had preferred an appeal. It is also to be noted that by proceedings dated 08.10.2024 of the second respondent, the name of the petitioner was included in the panel of Assistants for the year 2024-2025 and the orders of promotion were also passed promoting the petitioner as Assistant in Government Head Quarters Hospital, Aranthangi, Pudukottai.

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3. It is the primordial contention of the petitioner is that his name had been included at the appropriate time, the petitioner would have participated in the counselling and would have got a better opportunity of being appointed in and around Madurai or Virudhunagar District.

4. After the said order of promotion, the petitioner submitted a representation to the second respondent on 19.10.2024 to transfer him to the Government Hospital at Srivilliputhur, Virudhunagar District. Again by further representation dated 14.12.2024, the petitioner had made a request to the second respondent to consider his claim for being posted in any one of the vacancies in Maduai or Virudhunagar Districts.

5. If the writ petition was to be allowed as prayed for by the petitioner, it would affect the interests of other persons, who had attended the counselling and had been given promotion based on the seniority and available vacancies and without being made them parties to this writ petition. Therefore, this Court is of the view that the writ petition cannot be entertained.

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6. Accordingly, this writ petition stands disposed of with a direction to the second respondent to consider the petitioner's representation dated 14.12.2024 and if any vacancy is available in either of the said Districts, the case of the petitioner shall be considered on merits and in accordance with law and appropriate orders shall be passed within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

22.10.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:

1.The Health Secretary / Principal Secretary to Government, Health and Family Welfare Department, Fort St.George, Secretariat, Chennai.

2.The Director, Directorate of Medical and Rural Health Services, Chennai.

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3.The Director of Medical Education and Research, Keelpakkam, Chennai.

4.The Dean, The Government Rajaji Hospital, Madurai 5.The Resident Medical Officer, Government Hospital of Thoracic Medicine, Thoppur, Astinpatti, Madurai.

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K.KUMARESH BABU , J.

Sn W.P.(MD)No.890 of 2025 22.10.2025 7/7