The State Of Tamil Nadu v. Deivanai T
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Eighth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR AND The Hon`ble Mr.Justice R.VIJAYAKUMAR W.M.P(MD)No.24240 of 2023 in W.M.P(MD)No.22353 of 2023 in W.P(MD)No.25982 of 2023 and W.P(MD)No.2786 of 2024 in W.M.P(MD)No.24240 of 2023:
1 THE STATE OF TAMIL NADU REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, FORT. ST. GEORGE, CHENNAI - 600 009.
2 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, O/O.THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, CHENNAI 600 006.
... PETITIONERS/RESPONDENTS 1 & 2/ RESPONDENTS 1 & 2 Vs 1 DEIVANAI T ... RESPONDENT/PETITIONER/ WRIT PETITIONER 2 THE MEDICAL SERVICES RECRUITMENT BOARD, REP BY ITS MEMBER SECRETARY, 7TH FLOOR, DMS BUILDING, 359, ANNA SALAI, TEYNAMPET, CHENNAI 600 006.
1/26
3 TAMIL NADU NURSES AND MIDWIVES COUNCIL, REP BY ITS REGISTRAR, JAYAPRAKASH NARAYANAN MALIGAI, OLD NO.140, NEW NO.56, SANTHOME HIGH ROAD (NEAR SANTHOME CHURCH), MYLAPORE, CHENNAI - 600 004.
4 THE PRINCIPAL ANM TRAINING SCHOOL, POOVANTHI, SIVAGANGAI DISTRICT.
5 THE PRINCIPAL ANM TRAINING SCHOOL, SAMAYANALLUR, MADURAI DISTRICT.
6 THE PRINCIPAL ANM TRAINING SCHOOL, VEERAPANDI, THENI DISTRICT ... RESPONDENTS 2 TO 6/RESPONDENTS 3 TO 7/ RESPONDENTS 3 TO 7 Writ Miscelleneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to vacate the order of interim stay granted in WMP(MD).No.22353 of 2023 in its order dated 30.10.2023 in WP(MD).No.25982 of 2023.
In WP(MD) No.25982 of 2023:
T.DEIVANAI ... Petitioner Vs 1 THE STATE OF TAMIL NADU REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, FORT. ST. GEORGE, CHENNAI - 600 009.
2/26
2 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, O/O.THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, CHENNAI 600 006.
3 THE MEDICAL SERVICES RECRUITMENT BOARD, REP BY ITS MEMBER SECRETARY, 7TH FLOOR, DMS BUILDING, 359, ANNA SALAI, TEYNAMPET, CHENNAI 600 006.
4 TAMIL NADU NURSES AND MIDWIVES COUNCIL, REP BY ITS REGISTRAR, JAYAPRAKASH NARAYANAN MALIGAI, OLD NO.140, NEW NO.56, SANTHOME HIGH ROAD (NEAR SANTHOME CHURCH), MYLAPORE, CHENNAI - 600 004.
5 THE PRINCIPAL ANM TRAINING SCHOOL, POOVANTHI, SIVAGANGAI DISTRICT.
6 THE PRINCIPAL ANM TRAINING SCHOOL, SAMAYANALLUR, MADURAI DISTRICT.
7 THE PRINCIPAL ANM TRAINING SCHOOL, VEERAPANDI, THENI DISTRICT ... Respondents 3/26
Writ Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned G.O.(Ms) No.254 of dated 25.07.2023, Health and Family Welfare (L1) Department, amending the Special Rules for the Tamil Nadu Public Health Subordinate Service (Section 26 in Volume III of the Tamil Nadu Service Manual, 2016) issued by the 1st respondent and quash the same as illegal and manifestly arbitrary and consequential notification No.10/MRB/2023 dated 11.10.2023 issued by the 3rd respondent as null and void or any other writ or order in the nature of writ directing the respondents herein by this Honble Court.
Prayer in WMP(MD). 22353/ 2023 :
To pass an order of interim stay in of G.O.(Ms) No.254 of dated 25.07.2023, Health and Family Welfare (L1) Department, and consequential notification No.10/MRB/2023 dated 11.10.2023 issued by the 3rd respondent till final disposal of this writ petition.
In WP(MD) No.2786 of 2024:
1 YOGANAYAKI .C 2 AMUTHA. K D/O.C.KARUPPIAH 3 DEVI. M D/O.R.MOORTHY 4 DEVAKI. V 5 SUMATHI. N 6 SHAHARBANU. A 7 SELVARANI. R 8 KAVITHA. K 4/26
9 THANAM. G 10 CHITRA. V 11 PANDIAMMAL. R 12 MUMTAJ. S 13 DEVI. S D/o.SANKARA NARAYANAN 14 GEETHA. C 15 VELLAIAMMAL. C 16 PONMANI. S 17 INDRA. P 18 SASIKALA. M 19 JEYANTHI. V 20 AMUTHA. R D/O/ R.RAMU, 21 ESWARI. M 22 K.DEVI, W/O. C.RAMESH, 23 S.VEERALAKSHMI, 24 M.ELSI, 25 M.SUDHA, W/o.V.M.MURUGAN 5/26
26 R.VIJAYARANI, 27 S.MAGESWARI, 28 A.REJINI, 29 M.MALLIKA, 30 M.SHARMILA BEGUM, 31 P.PANDIAMMAL, 32 N.AMARAJOTHI, 33 K.VALARMATHI, 34 K.ALAGUMANI, 35 P.PALANIAMMAL, 36 R.YASOTHA, 37 P.INDUMATHI, 38 V.SELLAMMAL, 39 S.CATHERINE AGNES, 40 S.KAVITHA, 41 VANITHA RANI P 42 MERCY PITCHAIMANI P 43 JOTHI ROSARY L 6/26
44 AMARAVATHI S 45 SHAMILA BEEVI A 46 JAYANTHIKALA D 47 PAPPUANUSUYA M 48 GRACE SUNDARI A 49 MARIA STELLA A 50 KANAGA M 51 SANTHANAKUMARI S 52 SUDHA A A W/O.S.BABU, 53 SELVI S 54 NARMATHABANU J 55 JOTHI M 56 VARATHALAKSHMI R 57 KAMALAVALLI N 58 AKILA P 59 KALYANI D 60 RAMAMIRUTHAM M 61 A.AMIRTHAVALLI, 7/26
62 R.MAHESWARI, 63 IDAPOORANI, 64 K.LAVANYA, 65 K.SANGEETHA, 66 P.SOWDESWARI, 67 S.DHANALAKSHMI, 68 P.PASUVATHI, 69 E.SANTHA, 70 D.UMAMAGESWARI, 71 T.RAJESWARI, 72 G.VIJAYAKUMARI, 73 G.GUNASUNDARI, 74 P.SENTHAMARAI, 75 R.ESWARI, 76 P.VIJAYA, D/O. P.PALANI.
77 S.SHANMUGAPRIYA, 78 N.SANTHI, 79 M.TAMILARASI, ... PETITIONERS 8/26
Vs 1 THE STATE OF TAMIL NADU REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, FORT ST. GEORGE, CHENNAI - 600 009 2 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, O/O. DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, CHENNAI 600 006 3 THE MEDICAL SERVICES RECRUITMENT BOARD, REP BY ITS MEMBER SECRETARY, 7TH FLOOR, DMS BUILDING, 359, ANNA SALAI, TENAMPET, CHENNAI - 600 006.
4 TAMIL NADU NURSES AND MIDWIVES COUNCIL, REP BY ITS REGISTRAR, JAYPRAKASH NARAYANAN MALIGAI, OLD NO.140, NEW NO.56, SANTHOME HIGH ROAD (NEAR SANTHOME CHURCH), MYLAPORE, CHENNAI - 600 004.
... RESPONDENTS Prayer in WP(MD). 2786/ 2024 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to impugned G.O.(MS) No.254 of dated 25.07.2023, Health and Family Welfare (L1) Department, amending the Special Rules for the Tamil Nadu Public Health Subordinate Service (Section 26 in Volume III of the Tamil Nadu Service Manual, 2016) issued by the 2nd respondent as unconstitutional and illegal and consequential notification No.10/MRB/2023 dated 11.10.2023 issued by the 3rd respondent as null and void and appoint the petitioners as Village Health Nurse / Auxiliary Nurse Midwives.
9/26
ORDER : These writ Miscelleneous petitions and Writ Petitions coming up for orders on this day, upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of in WMP(MD)No.24240 of 2023:
For Petitioners : Mr.R.BHASKARAN, Additional Advocate General assisted by Mr.S.P.MAHARAJAN, Special Government Pleader For Respondent No.1 : M/S.KOVILAN POONGKUNTRAN.P.R, Advocate For Respondent No.2 : Mr.V.RAMESH, Advocate For Respondent No.3 : Mr.D.KIRUBAKARAN, Advocate in WP(MD)No.25982 of 2023:
For Petitioner : M/S.KOVILAN POONGKUNTRAN.P.R, Advocate For Respondent Nos.1,2 : Mr.R.BHASKARAN, Additional Advocate General assisted by Mr.S.P.MAHARAJAN, Special Government Pleader For Respondent No.3 : Mr.V.RAMESH, Advocate For Respondent No.4 : Mr.D.KIRUBAKARAN, Advocate in WP(MD)No.2786 of 2024:
For Petitioner : M/s.KOVILAN POONGKUNTRAN.P.R, Advocate For Respondents 1 & 2 : Mr.R.BHASKARAN, Additional Advocate General assisted by Mr.N.SATHEESH KUMAR, Additional Government Pleader For Respondent No.3 : MR.V.RAMESH, Advocate the Court made the following order:- 10/26
(Order of the Court was made by D. KRISHNAKUMAR, J.) When W.P(MD)No.25982 of 2023 came up for hearing on 30.10.2023, the Division Bench of this Court has passed the following order: The writ on hand has been instituted questioning the legal validity of the amendment made to the Special Rules for the Tamil Nadu Public Health Subordinate Service vide G.O.(Ms) No.254, Health and Family Welfare (L1) Department, dated 25.07.2023.
2. Learned counsel for the petitioner mainly contended that the amended Rules were given retrospective effect so as to deprive the eligible candidates, who are all waiting for selection and appointment to the post of Village Health Nurse. The existing mode of appointment by way of transfer of service has been deleted through the impugned amendment and more so, there is no reason stated for giving retrospective effect to the amended Rules. It is contended that there is no intelligible differentia nor rationale for the purpose of giving retrospective effect to the amended Rules in the impugned order. 11/26
3. Learned Additional Advocate General appearing for the respondents 1, 2 & 4 made a submission that the Department has sufficient reasons to establish the validity of the impugned amendment. All along, the appointments to the post of Village Health Nurse were made based on ad hoc rules and such appointments are to be validated by framing Special Rules subsequently giving retrospective effect to the ad hoc Rules. Thus, the Government has every reason to establish that there is rationale behind the retrospective amendment of the Special Rules.
4. Prima facie we find that the eligible candidates, who all are waiting to participate in the process of selection, are deprived. Many candidates working in the cadre of Anganwadi Workers have undergone two years of training with a fond hope that they will be provided with an opportunity to secure appointment to the post of Village Health Nurse by way of transfer of service.
5. In view of such circumstances, we are inclined to permit all those candidates to participate in the process of selection, subject to the final orders to be passed in the present writ petition. Accordingly, the retrospective amendment of the Special Rules made in G.O. (Ms) No.254, Health and Family Welfare (L1) Department, dated 25.07.2023, extracted hereunder alone is stayed:
"(2) The amendment (3) hereby made shall be deemed to have come into force with 12/26
effect from 15.11.2012."
6. It is made clear that all eligible candidates, based on this interim order, are at liberty to submit their respective applications to the authority concerned to participate in the process of selection pursuant to the recruitment notification dated 11.10.2023 in Notification No.10/MRB/2023.
7. Learned Additional Advocate General made a submission that the respondents require ten days time to file their counter affidavit.
8. Post the matter after two weeks for orders.
9. Learned Additional Advocate General appearing for the State undertakes that he will instruct the authorities concerned to entertain the applications submitted by all eligible candidates falling within the purview of this interim order.' 2.The respondents 1 and 2 have filed a vacate stay petition in W.M.P (MD)No.24240 of 2023 in W.P(MD)No.25982 of 2023 to vacate the interim stay granted in W.M.P(MD)No.22353 of 2023 in W.P(MD)No.25982 of 2023, dated 30.10.2023.
3.The learned Additional Advocate General appearing for the respondents 1 and 2 would submit that as per G.O(Ms)No.1, Health and Family Welfare (C2) Department, dated 02.01.2012, a draft proposal amending the Special rules for the post of Auxiliary Nurse Midwife / Village Health Nurse in Tamil Nadu 13/26
Public Health Subordinate Services was sent to Government vide Letter R.No.57289/MP3/S1/2020, dated 28.04.2022. Thereafter, the Government have issued the impugned order amending Special Rules for the post of Auxiliary Nurse Midwife / Village Health Nurse vide G.O(Ms)No.254, Health and Family Welfare (L1) Department, Dated 25.07.2023. As per the said rules, appointment and Educational Qualification for the said post are as follows: 'Appointment:-
(1) in rule 2, in sub-rule (a), in the tabular column, in category-31, for the entries in column(1) and the corresponding entries in column (2) thereof, the following entries shall, respectively, be substituted, namely:- 'Auxiliary Nurse Midwife / by Direct recruitment;' Village Health Nurse Qualification:
(4) in the Annexure [referred to in rule 5(b)], in the category 31, for the entries in column(1) and the corresponding entries in column(2) thereof, the following entries shall, respectively, be substituted:- 14/26
Auxiliary Nurse Midwife/Village I. Must have passed Higher Secondary (+2).
Health Nurse II. Must have undergone two years MultiPurpose Health Workers (Female) Training Course / Auxiliary Nurse Midwifery training Course awarded by the Director of Public Health and Preventive Medicine.
III. A certificate of registration issued by the Tamil Nadu Nurses and Midwives Council;
and IV. Must possess physical fitness for camp life.
Provided that those who have undergone 18 months Multi-Purpose Health Workers (Female) Training Course/Auxiliary Nurse Midwifery Training Course awarded by the Director of Public Health and Preventive Medicine and have passed S.S.L.C. (10th Standard) prior to 15.11.2012 are also eligible.
15/26
4.Consequent to the issuance of G.O(Ms)No.254, Health and Family Welfare (L1) Department, Dated 25.07.2023 and as per G.O(Ms)No.1, Health and Family Welfare (C2) Department, dated 02.01.2012, the estimate of vacancy for filling up of 2250 vacant posts of Auxiliary Nurse Midwife / Village Health Nurse by Direct recruitment through Medical Services Recruitment Board was sent to the Chairman, Medical Services Recruitment Board vide Letter R.No.4527652/MP3/S1/2023, dated 29.07.2023 of the second respondent/the Director of Public Health and Preventive Medicine. The notification for filling up of 2250 vacant post has been issued by the third respondent Medical Services Recruitment Board on 11.10.2023.
The last date for applying for the post of Auxiliary Nurse Midwife / Village Health Nurse through online mode in Medical Services Recruitment Board website had been extended upto 15.11.2023 pursuant to the interim order of this Court dated 03.11.2023 in W.P.No.31399 of 2023 in the main writ petition and the candidates who belong to other Community category and who have crossed age of 42 years were also permitted to apply for post of the Village Health Nurse/ Auxiliary Nurse Midwife in Physical form through Medical Services Recruitment Board. Further, as per ad-hoc rules for the post of Village Health Nurse / Auxiliary Nurse Midwife framed in G.O(Ms)No.
Medicine & Homeopathy & Family Welfare Department, dated 16.08.1989, the candidates including Anganwadi Workers who have completed Auxiliary Nurse Midwife Training Course in Government Institutions, have been appointed so far as Village Health Nurse / Auxiliary Nurse Midwife by direct recruitment only. No candidates have been appointed as Auxiliary Nurse Midwife / Village Health Nurse by recruitment by transfer from any other service method from the date of ad-hoc rule framed (ie) from 16.08.1989, due to non availability of qualified candidates from any other service. Hence, recruitment by transfer method is deleted from amendment issued in G.O(Ms)No.254, Health and Family Welfare (L1) Department, dated 25.07.2023.
5.As per G.O(D)No.1199 Health and Family Welfare (N1) Department dated 15.11.2012, Government have issued orders to admit the candidate for Auxiliary Nurse Midwife Course with the following eligibility Criteria as prescribed by the Indian Nursing Council from the academic year 2012-2013: 'a. To adopt the new syllabus prescribed for Auxiliary Nurse Midwife training. b. To increase the duration of course from 18 months to two years. c. Minimum eligibility criteria shall be passing in 12th Standard instead of pass in tenth Standard.'
17/26
6.In view of the above, from 15.11.2012 onwards, the candidates who have studied Government and private Auxiliary Nurse Midwife Training Schools and who are having above prescribed qualifications are fully qualified to apply for the post of Village Health Nurse/Auxiliary Nurse Midwife through Medical Services Recruitment Board (MRB). Further, retrospective effect was given in G.O (Ms)No 254, Health and Family Welfare (L1) Department, dated 25.07.2023 since the qualification of pass in 12th standard and two years training course in accordance with the norms fixed by the Nursing Council of India, by an Executive order ie. G.O (Ms)No.1199 Health and Family Welfare Department, dated 15.11.2012 and appointments have since then been made by following the above qualification.
The deletion of the method of appointment ie by recruitment by transfer, is not in any way affecting the opportunity of the Anganwadi workers, since they are not regular Government servants, they cannot claim recruitment by means of recruitment by transfer. The post of Anganwadi Worker is an Honorary post with Special Time Scale of Pay.
7.As per ad-hoc rules for the post of Village Health Nurse/Auxiliary Nurse Midwife framed in G.O(Ms)No.1507, Health Indian Medicine & Homeopathy & Family Welfare Department, dated 16.08.1989, the candidates including Anganwadi Workers, who have completed Auxiliary Nurse Midwife Training 18/26
Course in Government Institutions, have been appointed so far as Village Health Nurse/ Auxiliary Nurse Midwife by direct recruitment only. No candidates have been appointed as Auxiliary Nurse Midwife/ Village Health Nurse by recruitment by transfer from any other service method from the date of adhoc rule framed (ie) from 16.08.1989, due to non-availability of qualified candidates from any other service. Hence, recruitment by transfer method is deleted from amendment issued in G.O(Ms)No.254, Health and Family Welfare (L1) Department, dated 25.07.2023 by such amendment any existing rights of the petitioner is not affected since the recruitment by transfer is not in vogue.
8.As per G.O(Ms)No.254, Health and Family Welfare (L1) Department, dated 25.07.2023, the candidates including Anganwadi Workers who have studied both in Government and Private Auxiliary Nurse Midwife Schools are fully qualified for applying to the post of Village Health Nurse / Auxiliary Nurse Midwife by direct recruitment through Medical Services Recruitment Board (MRB). The candidates including Anganwadi Workers who have studied Auxiliary Nurse Midwife Training Course in Government Auxiliary Nurse Midwife Training Schools have already been appointed as Village Health Nurse/ Auxiliary Nurse Midwife upto the year 2018-2020 by direct recruitment only. 19/26
9.The candidates who have studied Auxiliary Nurse Midwife Training Course in Government Auxiliary Nurse Midwife Training Schools for the year 20192021 batch (completed training 621 candidates) and 2020-2022 batch (completed training 597 candidates) have not been appointed as Village Health Nurse/ Auxiliary Nurse Midwife since this Court vide order dated 08.03.2022, in W.P(MD) No.1103 of 2022 and W.M.P(MD)Nos.911 & 3297 of 2022 has directed to make appointments to the post by strictly following the recruitment rules and by providing an opportunity to all the eligible members. Further, 4135 candidates (from the year 2017-19 to 2020-2022) who have studied Auxiliary Nurse Midwife Training Course in private Auxiliary Nurse Midwife Training Schools are also awaiting appointment to the post of Village Health Nurse/ Auxiliary Nurse Midwife.
As per the order dated 08.03.2022 of this Court in W.P(MD)No.1103 of 2022 and based on the orders issued in G.O(Ms)No.1, Health and Family Welfare (C2) Department, dated 02.01.2012 and G.O(Ms)No.254, Health and Family Welfare (L1) Department, Dated: 25.07.2023, the candidates who have completed Auxiliary Nurse Midwife Training Course both in Government and Private Institutions shall be appointed as Village Health Nurse / Auxiliary Nurse Midwife only by the direct recruitment through Medical Services Recruitment Board (MRB), by following rules in force.
10.The fixation of upper age limit is rationale since the averment of the petitioner that the impugned G.O is retrospective is misconceived since it does not take away any vested right. As such, undergoing the Auxiliary Nurse Midwife training course does not entitle the petitioners for appointment as the Health Nurse / Auxiliary Nurse Midwife, and thus there is no vested right created in favour of the petitioners for appointment as Village Health Nurse/Auxiliary Nurse Midwife. The appointments in public employment is the prerogative of the state, and it has the authority to determine the category of services, set qualifications and age limits inter alia for the same through special rules. It is pertinent to note that the petitioner has filed the present writ petition as if she had a vested right of appointment to circumvent the age limit prescribed under the special rules while actually she is 45 years old as admitted in her affidavit and thus in-eligible for appointment. The present writ petition is nothing but abuse of process of law and is liable to be dismissed.
11.According to the learned Additional Advocate General, 621 candidates were called for counselling. But 80 candidates have filed these Writ Petitions before this Court and after the interim order granted by this Court, the 21/26
Department is unable to proceed with the selection process. Thus, the learned Government Pleader appearing for the respondents seeks to vacate the interim order.
12.The learned Additional Advocate General would submit that these petitioners have also submitted applications to the recruitment board and the same are pending.
13.The learned Additional Advocate General would submit that now selection process has already been commenced and the Government has also taken note of the fact and taking into consideration the grant of age relaxation to all the candidates to apply for the post of Auxiliary Nurse Midwife/Village Health Nurse and also produced the Government Letter in R.No.6066/L1/2024-1, dated 24.01.2024 stating that the upper age limit shall be 42 years as a onetime measure to the present direct recruitment and after one round of recruitment the age shall be restored to 40 years, as specified in the Special Rule for the post of Auxiliary Nurse Midwife/Village Health Nurse. The learned Additional Advocate General would further submit that the petitioners have also submitted their applications before the recruitment board.
22/26
14.Taking into consideration the above facts and circumstances of the case and in view of the amended Rule, the eligibility criteria for the aforesaid post of Auxiliary Nurse Midwife/Village Health Nurse is only through direct recruitment, the petitioners cannot seek for any legal right seeking for appointment in the said post even though they had completed two years of training period. These aspects have to be considered in detail at the time of hearing the Writ Petitions. 15.In view of the interim order granted by this Court on 30.10.2023, the entire selection process has been stalled by the respondents, we are of the view of that the respondent Board is directed to proceed with the selection process subject to the following conditions:
'(i) The respondent Board is directed to proceed with the selection process including the application submitted by the petitioners. (ii) These petitioners are permitted to participate in the selection process as per the notification and if the petitioners are otherwise eligible, the respondent Board may consider the selection of the petitioners for the recruitment to the post of Health Nurse / Auxiliary Nurse Midwife and appointment order shall be issued to those selected candidates without awaiting any order from this Court. 23/26
(iii) Insofar as non-selected petitioners are concerned, who do not come under the zone of consideration, their results shall not be published, till the final decision is taken in the present Writ Petitions. (iv) The respondent Board shall keep the remaining posts vacant for the non-selected petitioners for the abovesaid posts and it can be filled up subject to the outcome of the order passed in the Writ Petition.' 16.We make it clear that the respondent Board shall proceed with the selection process and issue necessary appointment orders to the selected candidates. It is made clear that the above interim directions will apply only to the petitioners, who approached this Court prior to the last date of the submission of the application, as per the notification and not for any other candidates. Insofar as the petitioners, who approached this Court after the last date of the application as per the notification, will be subject to the outcome of the order passed in the Writ Petitions and their applications shall be processed and proposed selection shall be kept in abeyance.
24/26
17.With the above modification, W.M.P(MD)No.24240 of 2023 stands closed.
18.Post the Writ Petitions after four weeks for final disposal. sd/- 08/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PS TO 1 THE PRINCIPAL SECRETARY, STATE OF TAMIL NADU DEPARTMENT OF HEALTH AND FAMILY WELFARE, FORT. ST. GEORGE, CHENNAI - 600 009.
2 THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, O/O.THE DIRECTOR OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, CHENNAI 600 006.
3 THE MEMBER SECRETARY, MEDICAL SERVICES RECRUITMENT BOARD, 7TH FLOOR, DMS BUILDING, 359, ANNA SALAI, TEYNAMPET, CHENNAI 600 006.
25/26
4 THE REGISTRAR, TAMIL NADU NURSES AND MIDWIVES COUNCIL, JAYAPRAKASH NARAYANAN MALIGAI, OLD NO.140, NEW NO.56, SANTHOME HIGH ROAD (NEAR SANTHOME CHURCH), MYLAPORE, CHENNAI - 600 004.
+1 CC to M/s.P.KARTHICK, Advocate ( SR-1640[I] dated 09/02/2024 )
ORDER
IN W.M.P(MD)No.24240 of 2023 in W.M.P(MD)No.22353 of 2023 in W.P(MD)No.25982 of 2023 and W.P(MD)No.2786 of 2024 Date :08/02/2024 SS/GS/SAR- /20/02/2024/26P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 26/26