(Prayers: Appeal is filed under Clause 15 of the Letters Patent, to set aside the interim order of this Court dated 09.02.2026 and consequently allow the WMP(MD)No.28462 of 2025 in WP(MD)No.35827 of 2025 on the file of this Court.

Appeal is filed under Clause 15 of the Letters Patent, to set aside the interim order of this Court dated 09.02.2026 and consequently allow the WMP(MD)No.1760 of 2026 in WP(MD)No.2250 of 2026 on the file of this Court.)

Common Judgment:

P.B. Balaji, J.

1. We have heard Mr.V.Raghavachari, learned Senior Counsel appearing for the appellants, Mr.M.Ajmal Khan, learned Additional Advocate General-I, assisted by Mr.V.Ramesh, learned Standing Counsel for the second respondent and Mr.A.Kannan, learned Additional Government Pleader for the respondents 1 to 3 in WA(MD)No.284 of 2026 and respondents 1, 3 & 4 in WA(MD)No.361 of 2026.

2. These Writ Appeals are directed against the interim order passed in WMP(MD)Nos.28462 of 2025 in WP(MD)No.35827 of 2025 and W.M.P.(MD)No.1760 of 2026 in WP(MD)No.2250 of 2026 dated 09.02.2026.

3. The appellants are the writ petitioners, who have challenged the Notification dated 21.11.2025, notifying 1100 vacancies including backlog vacancies and non joining vacancies.

4. According to the appellants, they have completed P.G. Decree in Medicine and pursuant to a Notification issued on 15.03.2024, the petitioners were selected, however, have been kept in reserve list. While so, the Medical Services Recruitment Board (MRB), has issued another notification on 21.11.2025 to fill up 1100 posts of Assistant Surgeons (General).

5. The crux of the case of the appellants is that the petitioners having been already selected under the previous notification, should be preferred and only after exhausting the reserve list, the Board can proceed to fill up the remaining vacancies. It is also their contention that as many as 450 Post Graduates selected candidates have been transferred and therefore, the vacancies arising consequently should be filled up only from and out of the reserve list.

6. However, it is the contention of the respondents that the entire selection process, pursuant to the first notification was completed and appointment orders were also issued and that the reserve list is only a time bound list, which will not enure to the benefit of the appellants, much less give them a right to question the subsequent Notification to fill up 1100 vacancies. It is also the contention of the respondents that the appellants cannot take advantage of transfer of about 450 P.G. Medical Officers.

7. The learned Writ Court by order dated 02.02.2026, initially granted stay of all proceedings, pursuant to the Notification dated 21.11.2025. However, by order dated 09.02.2026, the Writ Court has modified the said interim order to the effect that any appointment pursuant to the notification dated 21.11.2025 would be subject to the result of the writ petitions.

8. Though elaborate submissions were made by the learned Senior Counsel Mr.V.Raghavachari, on behalf of the appellants and Mr.M.Ajmal Khan, learned Additional Advocate General-I, and the decisions have been relied on by either side counsel, we are of the considered opinion that since the writ appeals arise out of interim orders alone and the submissions advanced revolved around the merits of the writ petitions, which are pending before the learned Single Judge, we do not wish to express any opinion on the merits of the matter as it may tend to prejudice the interests of either of the parties before the Writ Court. Further, we do not find that the modified impugned order has seriously prejudiced the writ petitioners / appellants as the learned Single Judge has clearly held that any appointment pursuant to the second Notification dated 21.11.2025 would be subject to the result of the writ petitions. Thus, the interest of the appellants / writ petitioners has been adequately safeguarded. At the same time, the order may cause hardship to appointees appointed, pursuant to the second Notification dated  21.11.2025 and hence, in the interest of the appellants as well as the respondents, it would suffice for us, request the Writ Court to expedite the final hearing of the writ petitions, considering the peculiar facts and circumstances of the case.

9. In the light of the above, we are not inclined to entertain the writ appeals. Accordingly, Writ Appeals are dismissed. However, we request the learned Single Judge to expedite the final hearing of the writ petitions, without being influenced by any of the observations that may have been made or indicated hereinabove. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.