Jeya Priya.C v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2025

CORAM

THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)Nos.20994 to 20996 of 2022 C.Jeya Priya : Petitioner Vs.

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

2.The Director of Indian Medicine and Homeopathy, Arignar Anna Hospital Complex, Arumbakkam, Chennai - 600 106.

3.The Medical Services Recruitment Board (MRB), Rep. by its Member Secretary, 7th Floor, D.M.S. Building, 359, Anna Salai, Teynampet, Chennai - 600 006.

: Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, issue a of a Writ of Certiorarified Mandamus, to call for the records on the file of the third respondent in connection with the impugned provisional selection list for the post of Assistant Medical Officer (Siddha) in PSL No.05/MRB/2020 dated 18.11.2022 pertaining to the third respondent's recruitment notification No.05/MRB/2020 dated 26.10.2021 and quash the same as unconstitutional and illegal and consequently direct the third respondent to appoint the petitioner for the post of Assistant Medical Officer (Siddha) either in the merit list or from the reserve list vacancies, of the 112 total vacancies, notified in the third respondent's Notification No.05/MRB/2020 dated 26.10.2021, as per Section 27(f) of the Tamil Nadu Government (Conditions of Service) Act, 2016. considering the petitioner's representation dated 23.11.2022.

For Petitioner : Mr.T.Lajapathi Roy, Senior Counsel, for M/s.Roy & Roy Associates For Respondents 1 & 2 : Mr.C.Satheesh, Government Advocate For Respondent No.3 : Mr.V.Ramesh, Standing Counsel 2/6

O R D E R

This Writ Petition has been filed challenging the impugned recruitment notification dated 26.10.2021, impugned provisional selection list for the post of Assistant Medical Officer [Siddha] dated 18.11.2022.

2.According to the petitioner, the third respondent has not applied its mind to the orders passed by this Court in W.P.(MD)Nos. 1934 & 2037 of 2020 & 22822 of 2022, while issuing the impugned provisional selection list. According to the petitioner, if the same was followed, the petitioner's name would have been included in the impugned selection list.

3.Learned Counsel for the petitioner would submit that it would suffice, if a direction is issued to the respondents to consider the petitioner's case whenever a future vacancy arises, based on the petitioner's representation dated 23.11.2022, which has been filed along with this Writ Petition.

4.Counter affidavit has been filed by the respective respondents before this Court disputing the contentions of the petitioner.

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5.However, this Court is of the considered view that no prejudice will be caused to the respondents if the petitioner's representation as stated supra is considered on merits and in accordance with law within a time frame to be fixed by this Court. This Court has not expressed any opinion on the merits of the matter, as it is for the respondents to consider the same on merits. 6.For the foregoing reasons, this Writ Petition is disposed of, by directing the third respondent to obtain the vacancy position from the respondents 1 & 2 and thereafter, to pass final orders in case the petitioner is eligible and decide the representation of the petitioner on merits and in accordance with law, within a period of twelve [12] weeks from the date of receipt of a copy of this order. 7.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

17.09.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The Principal Secretary, State of Tamil Nadu, Health and Family Welfare Department, Fort St. Goerge, Secretariat, Chennai - 600 009.

2.The Director of Indian Medicine and Homeopathy, Arignar Anna Hospital Complex, Arumbakkam, Chennai - 600 106.

3.The Member Secretary, Medical Services Recruitment Board (MRB), 7th Floor, D.M.S. Building, 359, Anna Salai, Teynampet, Chennai - 600 006.

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ABDUL QUDDHOSE.

, J.

MR 17.09.2025 6/6