Monday, 04, May, 2026
 
 
 
Expand O P Jindal Global University
 
  
  
 
 
 

Dr. Naveen Kumar M vs The State Of Tamil Nadu
2025 Latest Caselaw 8232 Mad

Citation : 2025 Latest Caselaw 8232 Mad
Judgement Date : 31 October, 2025

Madras High Court

Dr. Naveen Kumar M vs The State Of Tamil Nadu on 31 October, 2025

Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
                                                                      W.P.No.17287, 18811, 19031 & 27268 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 31.10.2025

                                                          CORAM:

                            THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                     W.P.Nos.17287, 18811, 19031 & 27268 of 2025
                                                        and
                                       W.M.P.Nos.19584, 19588, 19589, 21140,
                                     21142, 21319, 21321, 30653 & 30654 of 2025

                     W.P.No.17287 of 2025 :-
                     1. Dr. Naveen Kumar M
                     2. Dr.Anandharam M
                     3. Dr. Narendran T
                     4. Dr. Nirmal Kumar
                     5. Dr. Narasimman M
                     6. Dr.R.Albinus
                     7. Dr.S.Mahaluxmi                                                      ... Petitioners

                                                               Vs.

                     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 and Research,
                     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 and
                            Rural Health Services,
                     359, Anna Salai, Chennai – 600 006.


                     Page 1 of 20


https://www.mhc.tn.gov.in/judis               ( Uploaded on: 03/11/2025 09:36:55 pm )
                                                                       W.P.No.17287, 18811, 19031 & 27268 of 2025

                     4. Directorate of Public Health and Preventive Medicine,
                     Rep. 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 Parthasarathy

                                    For Respondents : Ms.M.Sneha
                                                      Special Counsel for Health Department

                     W.P.No.18811 of 2025 :-
                     1. Dr.J.Sophia
                     2. Dr.P.Sankarnath
                     3. Dr.M.Amala Grace
                     4. Dr.T.Arunkumar
                     5. Dr.S.Sabarija
                     6. Dr.P.Arun Raja
                     7. Dr.A.Arun Raja
                     8. Dr.J.Balachandar
                     9. Dr.P.Balaganesh
                     10. Dr.S.Bose

                     Page 2 of 20


https://www.mhc.tn.gov.in/judis                ( Uploaded on: 03/11/2025 09:36:55 pm )
                                                                 W.P.No.17287, 18811, 19031 & 27268 of 2025

                     11. Dr.C.Sathish
                     12. Dr.R.Deepika
                     13. Dr.S.Dhamodharan
                     14. Dr.C.Dharuni
                     15. Dr.M.Divakar
                     16. Dr.E.Dhivya
                     17. Dr.S.Gautham
                     18. Dr.S.Hari Krishnan
                     19. Dr.S.Janani
                     20. Dr.S.V.Jeshvin
                     21. Dr.J.Jeyamohan
                     22. Dr.P.Kaarthini
                     23. Dr.R.Kalaivani
                     24. Dr.A.Karthick
                     25. Dr.Karthika Lakshmi
                     26. Dr.N.Karthikeyan
                     27. Dr.P.J.Kathiravan
                     28. Dr.M.Kavitha
                     29. Dr.B.Kaviya
                     30. Dr.M.Kumaran
                     31. Dr.V.Kuzhanthai Veerappan
                     32. Dr.R.Logeswari
                     33. Dr.M.Magesh Kumar
                     34. Dr.V.Manojkumar
                     35. Dr.D.Manoj Prabhu
                     36. Dr.Muhammad Yoosuf. T.S.S.
                     37. Dr.S.Nagarajan
                     38. Dr.T.Naveen Kumar
                     39. Dr.S.Prasanth
                     40. Dr.P.D.Prasanth
                     41. Dr.Paulraj
                     42. Dr.Pavithra Devi
                     43. Dr.P.T.Piruthivi Rajan
                     44. Dr.R.Pradeep
                     45. Dr.K.Pradeepkumar
                     46. Dr.S.Pragadeeswaran
                     47. Dr.K.Pranab
                     48. Dr.V.Priya
                     49. Dr.P.Ramachandran

                     Page 3 of 20


https://www.mhc.tn.gov.in/judis          ( Uploaded on: 03/11/2025 09:36:55 pm )
                                                                  W.P.No.17287, 18811, 19031 & 27268 of 2025

                     50. Dr.M.G.Ramakrishnan
                     51. Dr.Renugadevi
                     52. Dr.Sabarinathan
                     53. Dr.R.S.Saimona
                     54. Dr.G.Sankara Kumar
                     55. Dr.L.Santhosh Kumar
                     56. Dr.I.Saravana Joshi
                     57. Dr.V.Sasikumar
                     58. Dr.M.Sathyavel
                     59. Dr.Senthamizh Selvi
                     60. Dr.K.B.Shreeja
                     61. Dr.A.Sudhakar
                     62. Dr.G.Sumithira
                     63. Dr.A.V.Sundhar
                     64. Dr.M.Thulasi
                     65. Dr.S.R.Vasanth Nathan
                     66. Dr.P.Velazhagan
                     67. Dr.R.Vidya
                     68. Dr.V.Vijay Anand
                     69. Dr.M.Vijayasankar
                     70. Dr.C.Vimala
                     71. Dr.P.Vinith Kumar
                     72. Dr.B.Vinodhini
                     73. Dr.E.Vinodhini
                     74. Dr.R.Priyadharshni
                     75. Dr.D.Abisharthini
                     76. Dr.S.Abubackar Siddiq
                     77. Dr.G.Bharath Ambarish
                     78. Dr.C.S.Naveen
                     79. Dr.J.Gokulaharshaa
                     80. Dr.G.Kartheepan
                     81. Dr.S.Santhya
                     82. Dr.Saratha Sritharan
                     83. Dr.G.Preetha
                     84. Dr.P.Prabakaran
                     85. Dr.Dharma Kumaran
                     86. Dr.R.Raghupathi
                     87. Dr.A.Sreelakshmi
                     88. Dr.J.John Anthony

                     Page 4 of 20


https://www.mhc.tn.gov.in/judis           ( Uploaded on: 03/11/2025 09:36:55 pm )
                                                                   W.P.No.17287, 18811, 19031 & 27268 of 2025

                     89. Dr.D.Abinayavishalini
                     90. Dr.N.Anand
                     91. Dr.C.Rohini Vadivu
                     92. Dr.M.Lakshmibharathi
                     93. Dr.S.P.Gobinathan
                     94. Dr.S.Anusha
                     95. Dr.M.Meena
                     96. Dr.V.Bhackiya Shree
                     97. Dr.S.Shobana
                     98. Dr.Keerthana Baskar
                     99. Dr.S.Sathyaprakash
                     100. Dr.P.Kuzhanthaivelu
                     101. Dr.T.Subapriya
                     102. Dr.K.Kanimozhi
                     103. Dr.K.Priyanka
                     104. Dr.Abiramavalli
                     105. Dr.M.Sivakannan
                     106. Dr.S.Kumar
                     107. Dr.K.Logeshwaran
                     108. Dr.Senthilnathan
                     109. Dr.Vikram.J
                     110. Dr.Sathya.R
                     111. Dr.S.Subitsa
                     112. Dr.Logamani.P.K.
                     113. Dr.J.Raghulkumar
                     114. Dr.S.Sandhia Rani
                     115. Dr.A.Vimalini
                     116. Dr.Pon Saravanan
                     117. Dr.J.Naveenkumar
                     118. Dr.T.Rajarajan
                     119. Dr.R.Sriram
                     120. Dr.Dharani Devi
                     121. Dr.S.Kiruthika
                     122. Dr.Harsha Balaji
                     123. Dr.K.Sivasharan
                     124. Dr.M.Ajith
                     125. Dr.Saran karthik.S
                     126. Dr.Ashwini N
                     127. Dr.S.Purushothaman

                     Page 5 of 20


https://www.mhc.tn.gov.in/judis            ( Uploaded on: 03/11/2025 09:36:55 pm )
                                                                    W.P.No.17287, 18811, 19031 & 27268 of 2025

                     128. Dr.P.Yagavan
                     129. Dr.Mirunasindhy S
                     130. Dr.Gnanaprakash T
                     131. Dr.S.Anjhanaa Jothi
                     132. Dr.R.Rajapriya
                     133. Dr.A.Santhosh
                     134. Dr.K.Hariharan
                     135. Dr.Ramya
                     136. Dr.S.Mugesh                                                     ... Petitioners

                                                             Vs.

                     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 and
                            Rural 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 in
                     W.P.No.18811 of 2025)                                                ... Respondents

                     Page 6 of 20


https://www.mhc.tn.gov.in/judis             ( Uploaded on: 03/11/2025 09:36:55 pm )
                                                                         W.P.No.17287, 18811, 19031 & 27268 of 2025




                     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
                     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 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 Ragavan
                                For Respondents
                                  For R1 to R4  : Ms.M.Sneha
                                                  Special Counsel for Health Department
                                      For R5    : Mr.A.Kumaraguru
                                                  Standing Counsel
                     W.P.No.19031 of 2025 :-
                     Dr.S.Vignesh                                        ... Petitioner

                                                                  Vs.

                     1. The State of Tamil Nadu,
                     Rep. by its Principal Secretary,
                     Health and Family Welfare Department,
                     Secretariat, Chennai – 600 009.


                     Page 7 of 20


https://www.mhc.tn.gov.in/judis                  ( Uploaded on: 03/11/2025 09:36:55 pm )
                                                                       W.P.No.17287, 18811, 19031 & 27268 of 2025

                     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 and
                            Rural 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. 23365 of 205 in
                     W.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


                     Page 8 of 20


https://www.mhc.tn.gov.in/judis                ( Uploaded on: 03/11/2025 09:36:55 pm )
                                                                       W.P.No.17287, 18811, 19031 & 27268 of 2025

                     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 Ragavan

                                    For Respondents
                                     For R1 to R4   : Ms.M.Sneha
                                                      Special Counsel for Health Department
                                          For R5    : Mr.A.Kumaraguru
                                                      Standing Counsel

                     W.P.No.27268 of 2025 :-

                     Dr.M.Prashanth                                                          ... Petitioner

                                                                Vs.

                     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 and
                            Rural 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.

                     Page 9 of 20


https://www.mhc.tn.gov.in/judis                ( Uploaded on: 03/11/2025 09:36:55 pm )
                                                                          W.P.No.17287, 18811, 19031 & 27268 of 2025



                     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,
                     Salem – 636 007.
                     (R6 impleaded as per the order
                     dated 31.10.2025 made in
                     W.M.P.No. 46767 of 205 in
                     W.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 Ragavan

                     Page 10 of 20


https://www.mhc.tn.gov.in/judis                   ( Uploaded on: 03/11/2025 09:36:55 pm )
                                                                          W.P.No.17287, 18811, 19031 & 27268 of 2025

                                       For Respondents
                                        For R1 to R4   : Ms.M.Sneha
                                                         Special Counsel for Health Department
                                             For R5    : Mr.A.Kumaraguru
                                                         Standing Counsel
                                             For R6    : Mrs.Dakshayani Reddy
                                                         Senior Counsel
                                                         For Mrs.S.Sumitha

                                                    COMMON ORDER

These 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.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2025 09:36:55 pm ) W.P.No.17287, 18811, 19031 & 27268 of 2025

3. 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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2025 09:36:55 pm ) W.P.No.17287, 18811, 19031 & 27268 of 2025

of vacancies and to issue posting orders for the petitioners to fulfil those

vacancies 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.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2025 09:36:55 pm ) W.P.No.17287, 18811, 19031 & 27268 of 2025

6. 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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2025 09:36:55 pm ) W.P.No.17287, 18811, 19031 & 27268 of 2025

admission in their post graduation, they started studying or working in

the government 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,

https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2025 09:36:55 pm ) W.P.No.17287, 18811, 19031 & 27268 of 2025

namely the writ petitioners, joined services only on 05.02.2024 and when the counselling was undertaken in January 2025 for the 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.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2025 09:36:55 pm ) W.P.No.17287, 18811, 19031 & 27268 of 2025

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 submit 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

https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2025 09:36:55 pm ) W.P.No.17287, 18811, 19031 & 27268 of 2025

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

proposed to conduct intra/inter Directorate transfer counselling to fill up

the vacant posts of the Assistant Professors, Senior Resident, Junior

Resident, 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.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2025 09:36:55 pm ) W.P.No.17287, 18811, 19031 & 27268 of 2025

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 Counselling 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 Petition

stands disposed of. Consequently, connected miscellaneous petitions are

closed. There shall be no order as to costs.


                                                                                                       31.10.2025
                                                                                                           (3/3)
                     Index            : Yes/No
                     Neutral citation : Yes/No
                     Speaking/non-speaking order
                     rts






https://www.mhc.tn.gov.in/judis                     ( Uploaded on: 03/11/2025 09:36:55 pm )
                                                                    W.P.No.17287, 18811, 19031 & 27268 of 2025

                                                                           G.K.ILANTHIRAIYAN. J,

                                                                                                           rts
                     To
                     1. 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 and
                           Rural 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 2025 and W.M.P.Nos.19584, 19588, 19589, 21140, 21142, 21319, 21321, 30653 & 30654 of 2025

31.10.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2025 09:36:55 pm )

 
Download the LatestLaws.com Mobile App
 
 
Latestlaws Newsletter
 

Publish Your Article

 

Campus Ambassador

 

Media Partner

 

Campus Buzz

 

LatestLaws Guest Court Correspondent

LatestLaws Guest Court Correspondent Apply Now!
 

LatestLaws.com presents: Lexidem Offline Internship Program, 2026

 

LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!

 
 

LatestLaws Partner Event : Smt. Nirmala Devi Bam Memorial International Moot Court Competition

 
 
Latestlaws Newsletter