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Madras High CourtWP(MD)/16483/2021disposed of

Maivizhi G v. The Principal Secretary

2025-09-16Honourable Mr Justice Abdul Quddhose9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE and W.M.P.(MD).Nos.13365 and 13366 of 2021 G.Maivizhi ... Petitioner Vs.

1.The Principal Secretary, Department of Health and Family Welfare, Government of Tamil Nadu, Fort St.George, Chennai-600 001.

2.The Director of Indian Medicine and Homeopathy, Arumbakkam, Chennai-600 106.

3.T.Bhuvaneswari 4.V.Thamizhselvi 5.F.Sophia Anthuvanth 6.N.E.Parthasarathi 7.P.Chitharanjani 1/9

8.P.A.Shanmugapriya 9.N.C.Umamaheswari 10.S.Anbarasan 11.R.Jency Saffrin 12.S.Maanarasi 13.G.Sruthi 14.C.Sankar Dayal Sharma 15.K.Vidhya 16.K.Deepika 17.G.Bharathi 18.R.Sibi Chakravarthi 19.K.Dhivya 20.S.Kavi Nagarajan 21.R.Dhivya 22.M.Sathya 23.R.Kokila 24.K.Abirami 25.K.Kanimozhi 26.S.Ramya 27.A.Sharmila 2/9

28.S.Selvakumar 29.D.Prabakaran 30.K.Kumaresan 31.D.Nesanthine 32.Tamilarasi 33.Karu Sandhanam 34.Praveen Kumar 35.D.Tamilselvan 36.Abinaya 37.Sadhana 38.Veeran Mindar 39.Divya Dharshini 40.Santhosh Kumari 41.R.Savitha 42.A.Sudha 43.M.Janaki 44.A.Suganya 45.M.Saranya 46.P.G.Sika Suwathi 3/9

47.L.Poonkuzhali 48.B.Khaviya 49.S.C.Sudha 50.R.Vaishali 51.T.Vijayalakshmi 52.M.Isaivani 53.S.Karunakaran 54.V.Deenadhayalan 55.A.D.Vinuakkaravarthi 56.P.M.Balu 57.R.Jeyashree 58.Tamilkumaran 59.S.Muthukumarasamy 60.P.Lavanya 61.C.Dhanalakshmi 62.D.Deepika 63.S.Sandhiya 64.R.Bharathi Sri 65.P.Sugitha 66.D.Prakash 4/9

67.A.Ramya Jenifer 68.U.Ruckmani 69.G.Sivasankari 70J.James Hermina 71.Vignesh ... Respondents (Respondent Nos.3 to 71 are impleaded vide Court order dated 22.04.2025 in W.M.P.(MD).No.25779 of 2023 in W.P.(MD).No.16483 of 2021) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of certiorarified Mandamus, to call for the records pertaining to the impugned G.O (D) No.321, dated 25.02.2021, issued by the first respondent, and quash the same as illegal and arbitrary and consequently direct the respondents to invite the fresh notification and to be follow reservation policy within the time that may be stipulated by this Court. For Petitioner : Mr.A.D.Ganeshamoorthi For R-1 &R-2 : Mr.A.Baskaran, Additional Government Pleader For R-3 to R-71 : Mr.T.Cibi Charaborthy

O R D E R

This writ petition has been filed challenging the impugned G.O (D) No. 321, dated 25.02.2021, issued by the first respondent, through which the services of 104 Ayush Medical Officers / Consultants were allowed to be continued.

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2. The petitioner's contention is that they have been allowed to continue in service without following the Employment Exchange seniority and the Rule of Reservation, even though they were appointed only on temporary basis.

3. The learned Additional Government Pleader appearing for respondent Nos.1 and 2, would submit that, now as per G.O.(D).No.466, dated 06.05.2020, issued by the Health and Family Welfare (IM2(1)) Department, henceforth, the Ayush Medical Officers / Consultants will be appointed only through a recruitment process conduced by the Medical Services Recruitment Board and no more temporary appointments will be made. He would also submit that once the recruitment process gets finalized and Ayush Medical Officers / Consultants are appointed, the services of temporary employees, who were appointed during the COVID-19 period in the year 2020 will stand terminated.

4. The learned counsel appearing for the petitioner would submit that this Court may record the undertaking given by respondent Nos.1 and 2 as stated supra and dispose of this writ petition in terms of the said undertaking.

5. The learned counsel appearing for the private respondents in this writ petition would submit that the private respondents were appointed only on a 6/9

temporary basis and their services have been renewed periodically every year and since they are not seeking for regularization of their services, the petitioner should not have any grievance.

6. Accordingly, this Court, after recording the undertaking given by the official respondents that henceforth the recruitment to the post of Ayush Medical Officers / Consultants shall be made only through the recruitment conducted by the Medical Services Recruitment Board and once such recruitment is finalized, the services of the persons, who were appointed during the COVID-19 period on a temporary basis and who were continued to hold on to their post, shall stand terminated immediately, disposes of the writ petition. No costs. Consequently, the connected miscellaneous petitions are closed. 16.09.2025 NCC:yes/no Index:yes/no Internet:yes/no TSG To 1.The Principal Secretary, Department of Health and Family Welfare, Government of Tamil Nadu, Fort St.George, Chennai-600 001.

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2.The Director of Indian Medicine and Homeopathy, Arumbakkam, Chennai-600 106.

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ABDUL QUDDHOSE, J.

TSG 16.09.2025 9/9