Madrasdated High Court · 2025

W.P.No.17287, 18811, 19031 & 27268 of 2025Rep. by the Director of Public Health and Preventive Medicine,359, Anna Salai, Chennai – 600 006.... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the second respondent contained in its circular bearing Ref.No.006603/ME2/3/2025, dated 02.05.2025 and to quash the same as arbitrary, unjust and illegal insofar as it permits non-service postgraduates to participate in counselling for vacancies in the Department of Forensic Medicine under the control of the 2nd respondent and consequently direct the 2nd respondent to conduct an Inter-Directorate transfer counselling for the petitioners to fill up vacancies in the department of Forensic Medicine in Government Medical Colleges and Hospitals under the control of the 2nd respondent. For Petitioners: Mr.Suhrith ParthasarathyFor Respondents: Ms.M.Sneha Special Counsel for Health DepartmentW.P.No.18811 of 2025 :-1. Dr.J.Sophia2. Dr.P.Sankarnath3. Dr.M.Amala Grace4. Dr.T.Arunkumar5. Dr.S.Sabarija6. Dr.P.Arun Raja7. Dr.A.Ashwin8. Dr.J.Balachandar9. Dr.P.Balaganesh10. Dr.S.Bose11. Dr.C.Sathish12. Dr.R.DeepikaPage 2 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 202513. Dr.S.Dhamodharan14. Dr.C.Dharuni15. Dr.M.Divakar16. Dr.E.Dhivya17. Dr.S.Gautham18. Dr.S.Hari Krishnan19. Dr.S.Janani20. Dr.S.V.Jeshvin21. Dr.J.Jeyamohan22. Dr.P.Kaarthini23. Dr.R.Kalaivani24. Dr.A.Karthick25. Dr.Karthika Lakshmi26. Dr.N.Karthikeyan27. Dr.P.J.Kathiravan28. Dr.M.Kavitha29. Dr.B.Kaviya30. Dr.M.Kumaran31. Dr.V.Kuzhanthai Veerappan32. Dr.R.Logeswari33. Dr.M.Magesh Kumar34. Dr.V.Manojkumar35. Dr.D.Manoj Prabhu36. Dr.Muhammad Yoosuf. T.S.S.37. Dr.S.Nagarajan38. Dr.T.Naveen Kumar39. Dr.S.Prasanth40. Dr.P.D.Prasanth41. Dr.Paulraj42. Dr.Pavithra Devi43. Dr.P.T.Piruthivi Rajan44. Dr.R.Pradeep45. Dr.K.Pradeepkumar46. Dr.S.Pragadeeswaran47. Dr.K.Pranab48. Dr.V.Priya49. Dr.P.Ramachandran50. Dr.M.G.Ramakrishnan51. Dr.Renugadevi52. Dr.SabarinathanPage 3 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 202553. Dr.R.S.Saimona54. Dr.G.Sankara Kumar55. Dr.L.Santhosh Kumar56. Dr.I.Saravana Joshi57. Dr.V.Sasikumar58. Dr.M.Sathyavel59. Dr.Senthamizh Selvi60. Dr.K.B.Shreeja61. Dr.A.Sudhakar62. Dr.G.Sumithira63. Dr.A.V.Sundhar64. Dr.M.Thulasi65. Dr.S.R.Vasanth Nathan66. Dr.P.Velazhagan67. Dr.R.Vidya68. Dr.V.Vijay Anand69. Dr.M.Vijayasankar70. Dr.C.Vimala71. Dr.P.Vinith Kumar72. Dr.B.Vinodhini73. Dr.E.Vinodhini74. Dr.R.Priyadharshni75. Dr.D.Abisharthini76. Dr.S.Abubackar Siddiq77. Dr.G.Bharath Ambarish78. Dr.C.S.Naveen79. Dr.J.Gokulaharshaa80. Dr.G.Kartheepan81. Dr.S.Santhya82. Dr.Saratha Sritharan83. Dr.G.Preetha84. Dr.P.Prabakaran85. Dr.Dharma Kumaran86. Dr.R.Raghupathi87. Dr.A.Sreelakshmi88. Dr.J.John Anthony89. Dr.D.Abinayavishalini90. Dr.N.Anand91. Dr.C.Rohini Vadivu92. Dr.M.LakshmibharathiPage 4 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 202593. Dr.S.P.Gobinathan94. Dr.S.Anusha95. Dr.M.Meena96. Dr.V.Bhackiya Shree97. Dr.S.Shobana98. Dr.Keerthana Baskar99. Dr.S.Sathyaprakash100. Dr.P.Kuzhanthaivelu101. Dr.T.Subapriya102. Dr.K.Kanimozhi103. Dr.K.Priyanka104. Dr.Abiramavalli105. Dr.M.Sivakannan106. Dr.S.Kumar107. Dr.K.Logeshwaran108. Dr.Senthilnathan. A109. Dr.Vikram.J110. Dr.Sathya.R111. Dr.S.Subitsa112. Dr.Logamani.P.K.113. Dr.J.Raghulkumar114. Dr.S.Sandhia Rani115. Dr.A.Vimalini116. Dr.Pon Saravanan117. Dr.J.Naveenkumar118. Dr.T.Rajarajan119. Dr.R.Sriram120. Dr.Dharani Devi. R121. Dr.S.Kiruthika122. Dr.Harsha Balaji123. Dr.K.Sivasharan124. Dr.M.Ajith125. Dr.Saran karthik.S126. Dr.Ashwini N127. Dr.S.Purushothaman128. Dr.P.Yagavan129. Dr.Mirunasindhu S130. Dr.Gnanaprakash T131. Dr.S.Anjhanaa Jothi132. Dr.R.RajapriyaPage 5 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 2025133. Dr.A.Santhosh134. Dr.K.Hariharan135. Dr.Ramya136. Dr.S.Mugesh... PetitionersVs.1. The State of Tamil Nadu,Rep. by its Principal Secretary,Health and Family Welfare Department,Secretariat, Chennai – 600 009.2. Directorate of Medical Education,Rep. by the Director of Medical Education,Kilpauk, Chennai – 600 010.3. Directorate of Medical and Rural Health Services,Rep. by the Director of Medical Health andRural Health Services,359, Anna Salai, Chennai – 600 006.4. Directorate of Public Health and Preventive Medicine,Rep. by the Director of Public Health and Preventive Medicine,359, Anna Salai, Chennai – 600 006.5. National Medical Commission,Rep. by its Secretary,Pocket 14, Sector – 8, Dwarka Phase I,New Delhi – 110 077.(R5 impleaded as per the order dated 31.10.2025 made in W.M.P.No. 23404 of 205 inW.P.No.18811 of 2025)... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings vide circular Page 6 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 2025Ref.No.6603/ME2/3/2025 dated 18.04.2025 and the subsequent circular vide Ref.No.006603/ME2/3/2025 dated 02.05.2025 issued by the 2nd Respondent and quash the same as far as the Non-Service Post Graduates are concerned and consequently direct the Respondents to appoint the Petitioners in the 2nd and 3rd Respondent institutions in accordance with the G.O.(Ms) No.255 issued by the Health and Family Welfare (F1) Department dated 20.08.2009 in the suitable post based on the ranking and merit as well as in consonance with the seniority list of candidates selected through the Medical Services Recruitment Board of Government of Tamil Nadu vide Notification No.01MRB/2024 dated 15.03.2024.For Petitioners: Mrs.Kavitha Rameshwar For Mr.M.Vijaya RagavanFor Respondents For R1 to R4: Ms.M.Sneha Special Counsel for Health DepartmentFor R5: Mr.A.Kumaraguru Standing CounselW.P.No.19031 of 2025 :-Dr.S.Vignesh... PetitionerVs.1. The State of Tamil Nadu,Rep. by its Principal Secretary,Health and Family Welfare Department,Secretariat, Chennai – 600 009.2. Directorate of Medical Education,Rep. by the Director of Medical Education,Kilpauk, Chennai – 600 010.3. Directorate of Medical and Rural Health Services,Rep. by the Director of Medical Health andRural Health Services,Page 7 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 2025359, Anna Salai, Chennai – 600 006.4. Directorate of Public Health and Preventive Medicine,Rep. by the Director of Public Health and Preventive Medicine,359, Anna Salai, Chennai – 600 006.5. National Medical Commission,Rep. by its Secretary,Pocket 14, Sector – 8, Dwarka Phase I,New Delhi – 110 077.(R5 impleaded as per the order dated 31.10.2025 made in W.M.P.No. 23365 of 205 inW.P.No.19031 of 2025)... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings vide circular Ref.No.6603/ME2/3/2025 dated 18.04.2025 and the subsequent circular vide Ref.No.006603/ME2/3/2025 dated 02.05.2025 issued by the 2nd Respondent and quash the same as far as the Non-Service Post Graduates are concerned and consequently direct the Respondents to appoint the Petitioners in the 2nd Respondent institution in accordance with the G.O.(Ms) No.255 issued by the Health and Family Welfare (F1) Department dated 20.08.2009 in the suitable post based on the ranking and merit as well as in consonance with the seniority list of candidates selected through the Medical Services Recruitment Board of Government of Tamil Nadu vide Notification No.01MRB/2024 dated 15.03.2024.For Petitioners: Mrs.Kavitha Rameshwar For Mr.M.Vijaya RagavanPage 8 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 2025For Respondents For R1 to R4: Ms.M.Sneha Special Counsel for Health DepartmentFor R5: Mr.A.Kumaraguru Standing CounselW.P.No.27268 of 2025 :-Dr.M.Prashanth... PetitionerVs.1. The State of Tamil Nadu,Rep. by its Principal Secretary,Health and Family Welfare Department,Secretariat, Chennai – 600 009.2. Directorate of Medical Education,Rep. by the Director of Medical Education,Kilpauk, Chennai – 600 010.3. Directorate of Medical and Rural Health Services,Rep. by the Director of Medical Health andRural Health Services,359, Anna Salai, Chennai – 600 006.4. Directorate of Public Health and Preventive Medicine,Rep. by the Director of Public Health and Preventive Medicine,359, Anna Salai, Chennai – 600 006.5. National Medical Commission,Rep. by its Secretary,Pocket 14, Sector – 8, Dwarka Phase I,New Delhi – 110 077.6. Tamil Nadu Medical Officers Association,Rep. by its State Secretary Dr.M.Akilan,453/282A, Chinna Pudhur,Mariammal Koil Street,Page 9 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 2025Salem – 636 007.(R6 impleaded as per the order dated 31.10.2025 made in W.M.P.No. 46767 of 205 inW.P.No.27268 of 2025)... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings vide circular Ref.No.6603/ME2/3/2025 dated 18.04.2025 and the subsequent circular vide Ref.No.006603/ME2/3/2025 dated 02.05.2025 issued by the 2nd Respondent and quash the same as far as the Non-Service Post Graduates are concerned and consequently direct the Respondents to appoint the Petitioners in the 2nd Respondent institution in accordance with the G.O.(Ms) No.255 issued by the Health and Family Welfare (F1) Department dated 20.08.2009 in the suitable post based on the ranking and merit as well as in consonance with the seniority list of candidates selected through the Medical Services Recruitment Board of Government of Tamil Nadu vide Notification No.01MRB/2024 dated 15.03.2024.For Petitioners: Mrs.Kavitha Rameshwar For Mr.M.Vijaya RagavanPage 10 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 2025For Respondents For R1 to R4: Ms.M.Sneha Special Counsel for Health DepartmentFor R5: Mr.A.Kumaraguru Standing CounselFor R6: Mrs.Dakshayani Reddy Senior Counsel For Mrs.S.SumithaCOMMON ORDERThese Writ Petitions have been filed challenging the circular dated 18.04.2025 and the subsequent circular dated 02.05.2025 issued by the Directorate of Medical Education, Chennai, insofar as the Non-Service Post Graduates are concerned and consequently direct the respondents to appoint the petitioners in the Directorate of Medical Education & Directorate of Medical and Rural Health Services in accordance with the G.O.(Ms) No.255 issued by the Health and Family Welfare (F1) Department dated 20.08.2009.2.The issues involved in all these Writ Petitions are similar in nature and therefore this Court is inclined to pass a common order. The parties are referred to as per their ranking in W.P.No.18811 of 2025.Page 11 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 20253.All the petitioners are doctors and are qualified with post graduation in specialty courses. Through Medical Services Recruitment Board, they were selected and posted as Assistant Surgeons in the primary health centers across the State of Tamil Nadu in the month of February, 2025. The Medical Education Institutions such as colleges and research centers are coming under the Directorate of Medical Education viz., the second respondent herein. The taluk and district headquarters hospitals are coming under the Directorate of Medical and Rural Health Services viz., the third respondent herein. Whereas the primary health centers are coming under the Directorate of Public Health and Preventive Medicine viz., the fourth respondent herein. 4.As per the government order in G.O.(Ms)No.255 issued by the Health and Family Welfare (F1) Department dated 20.08.2009, the Government had directed that specialists shall not be posted in the primary health centers while ensuring that specialists doctors are made available for the secondary and tertiary health sectors. On the basis of the government order, all the petitioners submitted representation to implement the same and thereby seeking for a release of consolidated list of vacancies and to issue posting orders for the petitioners to fulfil those Page 12 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 2025vacancies in order to implement the above government order. 5.While being so, the fourth respondent issued circular dated 04.04.2025 to the second and third respondent stating that the fourth respondent has no objection to release the specialties who had joined under the administration of fourth respondent through Medical Recruitment Board during the year 2025. Later the second respondent issued circular dated 18.04.2025 thereby proposing to conduct counselling for the non-service post graduate candidates who have completed their courses in the month of February, 2025 to April, 2025 for the purpose of fulfilling their bond obligations to fill up the vacancies existing at the second respondent. Subsequently, the second respondent issued circular dated 02.05.2025 to conduct online counselling for the non-service post graduates along with the Medical Services Recruitment Board to fill up the existing vacancies under the respondents 2 to 4, and the same was conducted on 06.05.2025. However, the fourth respondent issued another circular dated 05.05.2025 thereby keeping the circular dated 04.04.2025 in abeyance. Therefore, the petitioners filed the present writ petitions challenging the circulars dated 18.04.2025 and 02.05.2025.Page 13 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 20256.The learned counsel appearing for the petitioners submits that the government has directed that primary health centers are designated for MBBS Course. Even when the specialty seats were vacant in the second and third respondents, the respondents have deliberately failed to disclose the same at the time of counselling. Therefore, the petitioners have no other option to enter and render their service in the government medical colleges and attached hospitals except through the Medical Recruitment Board. 7.While pending the writ petitions, the Tamil Nadu Medical Officers Association (hereinafter referred to as “the Association”) filed implead petition and the same was allowed by this Court. The learned Senior Counsel appearing for the Association submits that the petitioners were appointed and posted in the primary health centers with specific conditions that they shall be working in the primary health center for a minimum period of one year excluding the period went on leave/training/ bond period. Therefore, they are entitled for transfer only after the period of one year. Hence, they shall not be released or tranfered to any other department for the period of one year. Only when the petitioners got admission in their post graduation, they started studying or working in the Page 14 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 2025government colleges and hospital. The members of the Association have worked in the primary health department for nearly six years and thereafter they have gotten admission in the post graduate degree. Therefore, as per the circulars dated 18.04.2025 and 02.05.2025, it was proposed to conduct counselling for the non-service post graduate candidates to fulfil their bond condition of working in the government hospital for a period of two years. 8.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 9.The issue of conducting an inter-directorate transfer counselling for the post of Assistant Professors under the control of the second and third respondents has already been dealt with by the Hon'ble Division Bench of this Court in W.A.No.1304 of 2025 in the case of the State of Tamil Nadu & ors Vs. Dr.S.Soma Sundaram 7 ors., and by the judgment dated 25.04.2025, it is held as follows :-“16. Mrs.M.Sneha, Special Counsel appearing for the appellants would vehemently contend that the respondents, namely the writ petitioners, joined services only on 05.02.2024 and when the counselling was undertaken in January 2025 for Page 15 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 2025the service Doctors, these respondents were not qualified, as they had not completed 12 months of minimum service. As on 16.02.2025, when the counselling for in-service Post Graduate candidates is conducted, all the respondents were qualified, as all of them were appointed on 05.02.2024. But however, they were excluded and the counselling was restricted only to in-service Post Graduate candidates, who had not completed 36 months of Post Graduate training, which is the basic qualification for entering into the DME.17. The learned Special Counsel would submit that this preference was given to them because in the normal circumstances the in-service Post Graduate candidates must have completed their Post Graduation in May 2024 and the same was delayed because of the restrictions imposed due to the Pandemic. She would also submit that even though the counselling was done in February, the appointment orders were issued only after they completed the 36 months of period. It is admitted that the results of Post Graduate courses were not announced on 06.02.2025 and 07.02.2025, when the counselling for the in-service Post Graduate candidates was conducted. Therefore, on the date of the counselling, they were not qualified to be appointed as Assistant Professors, as they had not completed their Post Graduation.18. To a specific query by us, as to how they could attend a counselling that too an inter-departmental counselling and seek appointment as Assistant Professors without having the basic qualification, the learned Special Counsel would Page 16 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 2025submit that they will be taken as Senior Residents if they fail in their Post Graduate course. When such a benevolent gesture is offered by the Government to the in-service Post Graduate candidates, we find total absence of concern for the plight of service of Doctors who have joined in February 2024. They could have been included in the counselling on 06.02.2025 and 07.02.2025 and appointment orders could have been issued to them after they completed the required 12 months of service.19. We find it very difficult to digest the argument that I will give a chance to the persons who have not qualified or who do not possess the basic qualification and that I will not give a chance to the persons who possess the basic qualification but they run short of the requirement of minimum service by a few days. All that the learned single Judge has done by way of an interim order is to direct the appellants to include these inservice Assistant Surgeons in the counselling that is to be conducted for accommodating the non-service Post Graduate candidates who would be serving for one year only.20. We see no prejudice being caused to the Department by the interim direction that has been granted. We find that the appeal itself is a result of extreme ego, which we find is quite prevalent in these days, particularly in this Department.”10.Further, in view of the interim order passed by this Court, the second respondent issued circular dated 24.10.2025 stating that it is Page 17 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 2025proposed to conduct intra/inter Directorate transfer counselling to fill up the vacant posts of the Assistant Professors, Senior Resident, Junior Resid7ent, Tutor in various specialties under the control the Directorate of Medical Education and Research with qualified medical officers, who are working in the Directorate of Medical Education and Research, Directorate of Medical and Rural Health Services, Directorate of Medical and Rural Health Services (ESI) & Directorate of Public Health and Preventive Medicine though online counselling from 04.11.2025. Subsequently, it was also clarified by the Medical Education and Research Department by the communication dated 31.10.2025 that the following measures are proposed to fill up the vacancies in the category of Assistant Professor, Senior Resident, Junior Resident, Tutor in the Directorate of Medical Education and Research :-“ i) Intra Directorate Counselling to take place first.ii) Thereafter with respect to Inter Directorate Transfer Counselling, those individuals who have completed one year of service either in Directorate of Public Health and Preventive Medicine, Chennai or Directorate of Medical & Rural Health Services, Chennai should be considered.iii) Thereafter, Inter Directorate Transfer Page 18 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 2025Counselling to take place for those who have completed Post Graduation in October 2025.iv) After the above said counselling, if there are vacancies, which is essential for running of the Colleges or the Hospitals, 2025 MRB recruits can be considered for Inter Directorate Counselling.”11.Considering the above facts and circumstances, the Directorate of Medical Education is directed to conduct counselling strictly adhering the above method. Accordingly, all the Writ Petitions stand disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.31.10.2025(3/3) Index : Yes/NoNeutral citation: Yes/NoSpeaking/non-speaking orderrtsPage 19 of 20 https://www.mhc.tn.gov.in/judis W.P.No.17287, 18811, 19031 & 27268 of 2025 G.K.ILANTHIRAIYAN. J,rtsTo1. The Principal Secretary,State of Tamil Nadu,Health and Family Welfare Department,Secretariat, Chennai – 600 009.2. The Director of Medical Education,Directorate of Medical Education,Kilpauk, Chennai – 600 010.3. The Director of Medical Health andRural Health Services,Directorate of Medical and Rural Health Services,359, Anna Salai, Chennai – 600 006.4. The Director of Public Health and Preventive Medicine,Directorate of Public Health and Preventive Medicine,359, Anna Salai, Chennai – 600 006.5. The Secretary,National Medical Commission,Pocket 14, Sector – 8, Dwarka Phase I,New Delhi – 110 077.6. The State Secretary Tamil Nadu Medical Officers Association,453/282A, Chinna Pudhur,Mariammal Koil Street,Salem – 636 007.W.P.Nos.17287, 18811, 19031 & 27268 of 2025and W.M.P.Nos.19584, 19588, 19589, 21140,21142, 21319, 21321, 30653 & 30654 of 202531.10.2025Page 20 of 20