Dr.P.Divya vs The Principal Secretary
2026 Latest Caselaw 782 Mad

Madras High Court

Dr.P.Divya vs The Principal Secretary on 25 February, 2026

Author: M. Dhandapani

Bench: M. Dhandapani

                                                                                       W.P. No.7439 of 2026
                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 25.02.2026

                                                         CORAM:

                                    THE HON'BLE MR. JUSTICE M. DHANDAPANI

                                               W.P. No.7439 of 2026
                                                       and
                                              W.M.P. No.8009 of 2026

                Dr.P.Divya                                                                  Petitioner


                                                              Vs
                1. The Principal Secretary
                Department of Health and Family Welfare,
                Fort St. George Chennai 600 009.

                2.The Director of Medical Education
                Directorate of Medical Education
                No 162, Near KMC Hospital, EVR Periyar
                Salai, Kilpauk, Chennai-600 010.

                3.The Medical Services Recruitment Board
                Represented by its Member Secretary
                7th floor, DMS Building, 359,
                Anna Salai, Teynampet, Chennai- 600 006. .

                4.The Director of Public Health
                Directorate of Public Health and Preventive
                Medicine 359, Anna Salai, DMS complex,
                Teynampet, Chennai -600 006.                                            Respondents


                Prayer : Writ Petition filed under Article 226 of the Constitution of India
                praying for the issuance of a Writ of Mandamus directing the Respondents
                herein to award 5 marks to the petitioner based on the Covid Duty Certificate
                for having rendered Covid Duty from 24.03.2020 to 31.03.2022                        and
                1/5



https://www.mhc.tn.gov.in/judis              ( Uploaded on: 25/02/2026 07:22:53 pm )
                                                                                         W.P. No.7439 of 2026
                accordingly select and appoint the petitioner to the post of Assistant Surgeon
                (General) by taking into consideration the fact that petitioner would come
                within the zone of consideration if the 5 marks are awarded with all service
                and monetary benefits

                                  For Petitioner      : Ms.S. Suneetha
                                  For Respondents     : Mr.K. Tippusulthan
                                                        Govt. Advocate for R1, 2 and 4
                                                        Mr.S.J. Mohammed Sathik
                                                         for R3


                                                        ORDER

Mr.K. Tippusulthan, learned Government Advocate appearing for

respondents 1, 2 and 4 and Mr.S.J. Moahmmed Sathik, learned counsel takes

notice for the 3rd respondent. By consent of both the parties, this writ petition is

taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking a direction to the respondents

herein to award five incentive marks to the petitioner based on the Covid Duty

Certificate for having rendered Covid Duty from 24.03.2020 to 31.03.2022 and

consequently to select and appoint the petitioner to the post of Assistant

Surgeon (General) by taking into consideration that she would come within the

zone of consideration if the said five marks are awarded with all service and

monetary benefits.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/02/2026 07:22:53 pm )

3. Learned counsel for the petitioner submitted that the petitioner

completed MBBS course at Madras Medical College in the year 2016.

Subsequently, she joined the Post Graduate degree in Anesthesiology and

competed the same in May 2021 from the Chengalpattu Medical College.

4. Thereafter, the respondent Board issued a Notification inviting

applications for appointment to the post of Assitant Surgeon (General). Pursuant

to the Notification dated 15.03.2024, she applied and secured 68 marks in the

written examination. It is the contention of the petitioner that she is entitled to

five incentive marks for having rendered COVID duty, and if the same are

awarded, she would come within the zone of consideration for the cut-off fixed

under the BC (General) as well as in BC (women) categories. Hence, she

prayed for appropriate directions.

5. Learned Government Advocate appearing for the respondents 1,2 and 4

submitted that inadvertently only two incentive marks were awarded to the

petitioner and that the same would be rectified, and five marks would be

awarded to her as incentive marks .

https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/02/2026 07:22:53 pm )

6. Recording the fair submissions made by learned counsel on either side,

this Court directs the respondents to award five incentive marks to the petitioner

for the COVID duty rendered by her and allow her to participate in the

counselling.

7. With the above directions, this writ petition stands disposed of. No

costs. Consequently, connected miscellaneous petition is closed.

25.02.2026

Note to Office : Issue order copy on 25.02.2026

Index : Yes / No Speaking Order / Non-speaking order Neutral Citation Case : Yes / No vsi2

To

1. The Principal Secretary Department of Health and Family Welfare, Fort St. George Chennai 600 009.

2.The Director of Medical Education Directorate of Medical Education No 162, Near KMC Hospital, EVR Periyar Salai, Kilpauk, Chennai-600 010.

3.The Medical Services Recruitment Board Represented by its Member Secretary 7th floor, DMS Building, 359, Anna Salai, Teynampet, Chennai- 600 006. .

4.The Director of Public Health Directorate of Public Health and Preventive Medicine 359, Anna Salai, DMS complex, Teynampet, Chennai -600 006.