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Madras High CourtWP(MD)/5138/2025dismissed

J.S.Ayarlin Ancy v. The Medical Services Recruitment Board

2025-02-24Honourable Mr. Justice Battu Devanand7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND and W.M.P.(MD)No.3736, 3738 and 3740 of 2025 J.S.Ayarlin Ancy ... Petitioner Vs.

1.The Medical Services Recruitment Board, Represented by its Member Secretary, Directorate of Medical Service Campus, No.359, Anna Salai, Chennai.

2.The Director, Directorate of Medical Service Campus, No.359, Anna Salai, Chennai.

3.The Registrar, Dr.MGR Medical University, No.69, Anna Salai, Guindy, Chennai.

4.The Registrar, The Tamil Nadu Medical Council, No.914, Poonamallee High Road, Arumbakkam, Chennai.

... Respondents 1/7

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to include the petitioner's name in the provisional selection list issued by the 1st respondent in PSL No.01/MRB/2024 dated 20.02.2025 based petitioner's rank by taking and treating the date of provisional registration ie., 05.06.2023 and date of her application for permanent registration ie., 12.07.2024 as the date of petitioner's permanent registration with the 4th respondent and consequently appoint the petitioner as Assistant Surgeon and include her name in the final selection list as per her rank within the time frame fixed by this Court. For Petitioner : Mr.K.K.Udhayakumar For Mr.A.Rahul For R-1 and R-3 : Mr.M.Ajmalkhan Additional Advocate General Assisted by, Mr.V.Ramesh Standing Counsel For R-2 : Mr.S.Vinoth Standing Counsel

O R D E R

Heard Mr.K.K.Udhayakumar, learned counsel for Mr.A.Rahul, learned counsel appearing for the Petitioner, Mr.M.Ajmalkhan, learned Additional Advocate General assisted by, Mr.V.Ramesh, learned Standing Counsel for the Respondents 1 and 3, Mr.S.Vinoth, learned Standing Counsel for the 2nd Respondent.

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2. This Writ Petition has been filed seeking a writ of mandamus, directing the respondents 1 and 2 to include the petitioner's name in the provisional selection list issued by the 1st respondent dated 20.02.2025 based upon the petitioner's rank by taking and treating the date of provisional registration ie., 05.06.2023 and date of her application for permanent registration ie., 12.07.2024 as the date of petitioner's permanent registration with the 4th respondent and consequently appoint the petitioner as Assistant Surgeon and include her name in the final selection list as per her rank.

3. The case of the Petitioner is that Respondents 1 and 2 issued Notification No. 01/MRB/2024 dated 15.03.2024 for recruitment to the post of Assistant Surgeon (General) against 2553 vacancies. The last date for submission of the application was 15.05.2024. One of the conditions stipulated in the said notification was that candidates applying pursuant to the notification had to register their names with the 4th Respondent Medical Council on or before 15.05.2024. Later, a corrigendum was issued by the 1st Respondent on 14.05.2024, whereby the last date for submission of the online application and 3/7

online payment, initially fixed as 15.05.2024, was extended up to 15.07.2024, and the cut-off date for candidates to register their names with the Tamil Nadu Medical Council was revised to on or before 15.07.2024. The Petitioner submitted her application on 13.05.2024. Pursuant thereto, she attended the written examination and certificate verification. However, her name did not appear in the provisional list of candidates selected for the post of Assistant Surgeon, issued by the 1st Respondent on 20.02.2025. Aggrieved by the same, the Petitioner has approached this Court by filing the present Writ Petition.

4. Mr.M.Ajmalkhan, the learned Additional Advocate General, assisted by Mr.S.Vinoth, the learned Standing Counsel, appearing for Respondents 1 and 4, submitted that only candidates registered with the Tamil Nadu Medical Council on or before 15.07.2024 are eligible to participate in the selection process, as per the notification dated 15.03.2024. Since the Petitioner registered on 16.07.2024, she was ineligible to apply, and therefore, her inclusion in the provisional selection list was not feasible.

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5. Having considered the submissions of the respective counsels, this Court is of the considered view that there are no merits in the present writ petition, since the Petitioner was not registered with the 4th Respondent Medical Council as of 15.07.2024, and therefore, she is not entitled to make an application pursuant to the notification dated 15.03.2024.

6. Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 24.02.2025 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The Medical Services Recruitment Board, Represented by its Member Secretary, Directorate of Medical Service Campus, No.359, Anna Salai, Chennai.

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2.The Director, Directorate of Medical Service Campus, No.359, Anna Salai, Chennai.

3.The Registrar, Dr.MGR Medical University, No.69, Anna Salai, Guindy, Chennai.

4.The Registrar, The Tamil Nadu Medical Council, No.914, Poonamallee High Road, Arumbakkam, Chennai.

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BATTU DEVANAND , J.

Nsr 24.02.2025 7/7