(Common Prayer in WP(MD) Nos.90 & 91 of 2026: Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in CV Intimation No. 02/MRB/2023 dated 29.12.2025 issued by the 2nd Respondent and quash the same as illegal and consequently direct the Respondents to call the petitioner for certificate verification in pursuance of the Notification No. 02/MRB/2023 dated 17.02.2023 issued by the 2nd respondent within the time stipulated by this Court.

In WP(MD) No.93 of 2026: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in CV Intimation No. 02/MRB/2023 dated 29.12.2025 issued by the 2nd Respondent and quash the same and further direct the second respondent to issue fresh notice of intimation for certificate verification scheduled for the post of Ophthalmic Assistant on merit by following the due process of selection process within a stipulated time of period fixed by this Court.)

Common Order:

1. The petitioners have applied to the post of Ophthalmic Assistant in the Tamil Nadu Medical Subordinate Service, pursuant to the notification issued by the 2nd respondent Medical Services Recruitment Board in Notification No.2/MRB/2023, dated 07.02.2023. By this notification, the Medical Services Recruitment Board has proposed to recruit 93 posts of Ophthalmic Assistant in the Tamil Nadu Medical Subordinate Service and invited applications. Clause 6B of the notification prescribes the educational qualification as under:

                  

2. The petitioners herein have studied two years Diploma in Optometry conducted by the institutions recognized by the Directorate of Medical Education. However, they have not studied three month condensed Para Medical Ophthalmic Assistant course conducted by the Regional Institute of Ophthalmology, Chennai. Earlier some of the candidates, who have applied pursuant to the above notification, have approached this court seeking exemption from possessing the qualification of this three month course in WP(MD)Nos.5352 and 5355 of 2023 and this court has called for a clarification from the Directorate of Medical Education as to the averment of the petitioners therein that the course has been discontinued. The Director of Medical Education has also clarified before this court vide their communication bearing No.029217/PME/3/2023, dated 01.04.2023 that this three month condensed Paramedical Ophthalmic Assistant course has been discontinued from the year 2003 onwards. In view of the stand taken by the Director of Medical Education, this court by its order dated 03.04.2023 disposed of those writ petitions, with a direction to the respondent to consider their applications without insisting on the qualification of completion of three months condensed Paramedical Ophthalmic Assistant course. After selection process, results have been published, however, the petitioners herein have not been called for certificate verification and therefore, the petitioners have approached this Court challenging the call letters calling for certificate verification without considering the petitioners. Considering the earlier order passed by this Court in WP(MD)Nos.5352 and 5355 of 2023, this Court has also entertained this writ petition and granted an order of interim stay and also directed the respondents to allow the petitioners to participate in the certificate verification.

3. The respondents have filed their counter affidavit and an application to vacate the interim order of stay that this post of Ophthalmic Assistant is very much required at the grassroots level in the rural areas to address the grievance of the rural people as per the scheme of the Government. The learned Additional Advocate General, by referring to the orders passed by the Division Bench in WA. (MD)No.35 of 2024 dated 24.04.2025, submits that as against the order passed by the learned Single Judge in WP(MD)Nos.5352 and 5355 of 2023, some of the candidates, who are having the qualification as prescribed under Clause 6B, have filed the above writ appeal that their prospects are affected in view of the order passed by the writ Court. The Division Bench has dismissed the writ appeal, however, the Division Bench has directed the Medical Services Recruitment Board to appoint the appellants by fixing a time limit for them to complete the said course. In the meantime, the Government has also proposed for an amendment in the Adhoc Rules for the post of Ophthalmic Assistant, vide G.O.(Ms).No.180, Health and Family Welfare Department, dated 17.06.2025, by amending the relevant rule prescribed as an educational qualification as under:-

                   In the said Rules, in rule 5, in clause (b), to sub- clause(ii) the following proviso shall be inserted namely:-

                   "Provided that the persons with Diploma or Degree in Optometry conducted by a Government Medical College or any other institution recognized by the Directorate of Medical Education and Research and not passed the three months condensed Para Medical Ophthalmic Assistant Course shall also be eligible for selection to the said post subject to the condition that they should pass the said course at their own cost for appointment to the said post."

The above said Rule is also implemented retrospectively with effect from 01.09.2022.

4. The learned Additional Advocate General, by referring to the clarification order passed by the Division Bench in CMP.(MD)No. 13020 of 2025 in WA.(MD)No.35 of 2024 dated 26.09.2025, submits that the Government has also moved the Division Bench for clarification of the earlier order and the Division Bench has also clarified with a direction to proceed with 2,300 applications, which were received by the Medical Services Recruitment Board without including any further applications, for filling up 96 posts by following the earlier recruitment rules as per G.O.(Ms)No.276, Health and Family Welfare (C2) Department, dated 01.09.2022. In view of this order passed by the Division Bench, the Department claim that they cannot go for fresh recruitment and they have to fill up the vacancy as directed by the Division Bench. Therefore, the learned Additional Advocate General insists to vacate the interim order and permit them to fill up the vacancies. According to him, the entire selection process is over and selection list is also published.

5. This Court has considered the submissions made on either side and perused the available materials in the record.

6. The petitioners before this Court have studied two years Diploma in Optometry conducted by the institutions recognized by the Directorate of Medical Education. However, the qualification prescribed under Clause 6B of the notification insist for additional qualification of three month condensed Para Medical Ophthalmic Assistant course conducted by the Regional Institute of Ophthalmology, Chennai or any other institution recognised by the Directorate of Medical Education. Admittedly, the said course has not been conducted from the year 2003. The Directorate of Medical Education, by way of written communication in No. 029217/PME/3/2023, dated 01.04.2023, has clarified before this Court that this course is not existence from the year 2003. While so, prescribing this Course as additional qualification in addition to two years Diploma in Optometry is not proper on the part of the respondent/ Medical Services Recruitment Board. However, this Court cannot find fault with the MRB since the educational qualification has been prescribed as per the existing rules as on that date of notification. This Court has also issued a direction to the petitioners in WP(MD)Nos.5352 and 5355 of 2023 and few others that they can be permitted to participate in the selection process de hors this three months condensed Para Medical Ophthalmic Assistant course.

7. The Medical Service Recruitment Board has not challenged the said order. However, the candidates, who have studied this three months condensed Para Medical Ophthalmic Assistant course prior to 2003, have filed a writ appeal and the same was dismissed that their rights have been preserved already. Since there is no clarity, the Government has also moved for clarification in CMP.(MD)No.13020 of 2025 in WA.(MD)No.35 of 2024, wherein the Division Bench has directed the Government to proceed with the existing 2300 applications, which are already received by the MRB, based on the earlier recruitment Rules. However, Rule has been amended by the Government with effect from 01.09.2022. As per this amendment, the petitioners can be considered by MRB without the additional qualification of three month condensed Para Medical Ophthalmic Assistant course. In the event, if the petitioners are having eligible marks, they can also be selected and can be permitted to complete the three month condensed Para Medical Ophthalmic Assistant course, as provided in the amendment dated 17.06.2025. The learned Additional Advocate General has also assured before this Court, based on the instructions provided to him that the Government is also intending to provide this 3 months ophthalmic course.

8. In view of the amendment dated 17.06.2025 and the undertaking give by the Government, this Court directs the respondents to consider the applications of the petitioners without insisting three month condensed Para Medical Ophthalmic Assistant course. In the event, if they are coming within the zone of consideration, they can be permitted to complete the said course, within a reasonable time.

9.With the above directions, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.