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Madras High CourtWP(MD)/19070/2022dismissed

Varshini K v. The Chairman

2022-08-18Honourable Mr Justice M.S. Ramesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.19070 of 2022 and W.M.P(MD)No.13953 of 2022 K.Varshini ... Petitioner /vs./ 1.The Chairman, Medical Services Recruitment Board (MRB), 7th floor, DMS building, 359, Anna Salai, Chennai-600 006.

2.The Principal Secretary of Government, Secretariat, Health and Family Welfare Department, St.George Fort, Chennai-600 006.

3.The Director, Medical Services Tamil Nadu, 359, Anna Salai, Chockalingam Nagar, Teynampet, Chennai-600 006.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 herein to ensure the participation of the petitioner in the recruitment examination for the Post of Assistant Medical Officer (Siddha/Ayurveda/Homoeopathy/Unani) which is going to be conducted by Medical Recruitment Board (MRB) on 21.08.2022 and pass such further or other orders as this Court. For Petitioner : Mr.S.Bharathy Kannan For Respondents : Mr.T.S.Mohammed Mohideen Standing Counsel

ORDER

By consent of both the parties, this Writ Petition is taken up for final disposal.

2. Admittedly, the petitioner has not applied for the post of the Assistant Medical Officer (Siddha) under the Notification dated 26.10.2021, issued by the Medical Services Recruitment Board. The petitioner seems to claim that when the earlier Notification dated 14.08.2020 was issued, she was not qualified to apply and since she is now qualified for the present notification, dated 26.10.2021, but 2/5

had failed to apply in time, she must be given opportunity to participate in the selection process.

3. I am not in agreement with such a submission. The entire selection process is conducted on the basis of the applications made by the candidates. When the petitioner herein has admittedly not made an application, pursuant to the Notification, dated 26.10.2021, it will not be proper to accommodate the petitioner in the selection process. In the absence of any such application, the prayer sought for in the present writ petition does not require consideration.

4. Accordingly, the writ petition stands dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. 18.08.2022 Index : Yes / No Internet : Yes / No btr/lm 3/5

To 1.The Chairman, Medical Services Recruitment Board (MRB), 7th floor, DMS building, 359, Anna Salai, Chennai-600 006.

2.The Principal Secretary of Government, Secretariat, Health and Family Welfare Department, St.George Fort, Chennai-600 006.

3.The Director, Medical Services Tamil Nadu, 359, Anna Salai, Chockalingam Nagar, Teynampet, Chennai-600 006.

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M.S.RAMESH, J.

btr/lm Order made in W.P.(MD)No.19070 of 2022 Dated:

18.08.2022 5/5