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CDJ 2026 MHC 201
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| Court : Before the Madurai Bench of Madras High Court |
| Case No : W.P.(MD). No. 368 of 2026 & WMP. (MD). No. 352 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE B. PUGALENDHI |
| Parties : B. Rohini Versus The Director of Public Health & Preventive Medicine, Chennai & Others |
| Appearing Advocates : For the Petitioner: T. Cibi Chakraborthy, Advocate. For the Respondent: R1, R2 & R4, G.V. Vairam Santhosh, Additional Government Pleader, R3, P. Yasmin Begum, Advocate. |
| Date of Judgment : 09-01-2026 |
| Head Note :- |
| Constitution of India - Article 226 - |
| Summary :- |
1. Statutes / Acts / Rules / Orders Mentioned:
- Article 226 of the Constitution of India
- Tamil Nadu Government Servants (Conditions of Services) Act, 2016
- Rule 17(1) of Tamil Nadu Government Servants (Conditions of Services) Act, 2016
- MRB Notification No. 23/MRB/2025 dated 24.12.2025
2. Catch Words:
- Writ of Mandamus
- Special Qualifying Examination
- Regularisation
- Appointment
- Application window
- Notification
3. Summary:
The petitioner, appointed as a Tutor under Rule 17(1) of the Tamil Nadu Government Servants (Conditions of Services) Act, 2016, sought inclusion in the list of 117 medical officers invited to appear for a Special Qualifying Examination under MRB Notification 23/MRB/2025. Although the 1st respondent directed the 3rd respondent to permit her participation, the 3rd respondent awaited further government orders, risking the petitioner missing the application deadline of 13 January 2026. The Court examined the submissions and noted the petitioner’s eligibility and the impending deadline. It directed the 3rd respondent to open the application window for the petitioner immediately, based on the 1st respondent’s communication dated 8 January 2026. The petition was consequently disposed of without costs, and the related miscellaneous petition was closed.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to include the petitioner's Tamil Nadu Medical Council Registration Number 86124 along with 117 Medical Officers notified under MRB Notification NO. 23/MRB/2025, dated 24.12.2025 and to consequently accept her application and permit her to write the Special Qualifying Examination on the dates notified by the MRB.)
1. The petitioner has been appointed as Tutor in the 4th respondent under Rule 17(1) of Tamil Nadu Government Servants (Conditions of Services) Act, 2016. Similarly several other persons have also been appointed. They have not been regularised and for the regularisation of the services the government is intending to conduct a Special Qualifying Examination for the persons, who have been appointed under Rule 17(1) of Tamil Nadu Government Servants (Conditions of Services) Act, 2016. The notification was also issued by the 3rd respondent Medical Services Recruitment Board on 24.12.2025 inviting applications from 117 medical officers for the special qualifying examination to regularly appoint them in Tamil Nadu Medical Services. However the name of the petitioner has not been forwarded by the 2nd respondent. Aggrieved by that the petitioner has approached this court seeking a writ of mandamus directing the respondents 1 to 3 to include the petitioner's Tamil Nadu Medical Council Registration No.86124 along with 117 medical officers notified in the Medical Services Recruitment Board (in shor 'MRB') in Notification No.23/MRB/2025, dated 24.12.2025 and for other consequential reliefs.
2. In response to this writ petition, learned counsel for the 3rd respondent submits that pursuant to the government notification, they have verified and found that this petitioner was also appointed under Rule 17(1) of Tamil Nadu Government Servants (Conditions of Services) Act, 2016 and she is working for more than four years. Therefore, the 1st respondent has sent a communication to the 3rd respondent directing them to permit the petitioner to participate in the selection process by appearing in the special qualifying examination.
3. The learned counsel for the petitioner submits that the last date for submitting the application as per the notification dated 24.12.2025, is 13.01.2026. Unless and until the MRB opens the window for submitting the application for the petitioner, the petitioner will not be able to submit her application.
4. In reply to the above, the learned counsel for the 3rd respondent submits that the government have to issue necessary government orders in this regard and only then the petitioner would be permitted to submit his application.
5. This Court has considered the rival submission.
6. The petitioner was appointed as a Tutor in the 4th respondent college under Rule 17(1) of Tamil Nadu Government Servants (Conditions of Services) Act, 2016. The government have taken a policy decision to fill up the posts by regular appointment by conducting special qualifying examination for the persons who have been appointed under Rule 17(1) of the said Act. Though 117 medical officers who have been appointed as that of the petitioner, have been permitted to participate in the examination vide notification dated 24.12.2025, the petitioner's name has not been included in the said list.
7. After taking notice in this writ petition, the 1st respondent appears to have directed the 3rd respondent to permit the petitioner to appear in the special qualifying examination. However, the 3rd respondent is awaiting necessary government orders in this connection.
8. Since the last date for submitting the application to the notification dated 24.12.2025, is 13.01.2026, the 3rd respondent is directed to open the window enabling the petitioner to submit her application, based on the communication from the 1st respondent in R.No.6077474/E5/A5/2023, dated 08.01.2026, by today itself.
9. With the above direction this writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed.
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