Writ petitions challenging direct recruitment to the post of Maternal and Child Health Officer were dismissed. The petitioners lacked the requisite diploma qualification, had retired from service before disposal, and the recruitment process was complete; the relief granted in a similar Madurai Bench matter was not extended to them.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.Nos.40302 and 40303 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.12.2024
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.Nos.40302 and 40303 of 2015 and
M.P.No.2, 2, 3 and 3 of 2015
D.Baby
... Petitioner in W.P.No.40302 of 2015
C.Susheela Rani ... Petitioner in W.P.No.40303 of 2015
Vs.
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W.P.Nos.40302 and 40303 of 2015
Prayer:
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the notification issued by the 2nd respondent vide notification no.11/2015 dated 31.07.2015 and quash the same as illegal and consequently to direct the respondents 1 and 3 to consider the petitioner for promotion to the post of 'Maternal & Child Health Officer (Public Health Nurse) in conformity with Section 3 of the Ad-Hoc Rules issued by the first respondent in G.O (Ms) No.861, Health and Family Welfare Department, dated 24.11.1994.
In Both Writ Petitions
For Petitioner : Mr.B.Vishnu Chelliya
For R1, R3 & R4 : Mr.K.Tippu Sultan, Government Advocate
For R2 : Mr.R.Bharanidharan, Standing Counsel for TNPSC
C O M M O N O R D E R
These writ petitions are filed challenging the Notification No.11 of
2015, dated 31.07.2015 issued by the respondent/ Tamil Nadu Public Service Commission, proposing to fill up the post of 'Maternal and Child Health
Officer (Public Health Nurse)' by way of direct recruitment on the ground
that direct recruitment can only be resorted to in the event of non-availability
of the eligible candidates in the feeder category to the post of 'Maternal and Child Health Officer (Public Health Nurse)', but the respondents without
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exhausting the same, have directly resorted to fill up the said post by way of direct recruitment.
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petition.
11.12.2024
skr Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No
To
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W.P.Nos.40302 and 40303 of 2015
O/o the Tamil Nadu Public Service Commission, Chennai – 3.
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W.P.Nos.40302 and 40303 of 2015
MUMMINENI SUDHEER KUMAR, J.
skr
W.P.Nos.40302 and 40303 of 2015
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W.P.Nos.40302 and 40303 of 2015
11.12.2024
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2 issues framed by the court
Whether the TNPSC could fill the post of Maternal and Child Health Officer by direct recruitment without exhausting eligible feeder-category candidates.
Whether the petitioners, lacking the requisite 22-month Diploma in Public Health Nursing, were entitled to promotion or appointment by transfer.
Colour shows how this judgement treated each authority
W.P (MD) Nos.20470 to 20476 of 2015 and batchDistinguished¶4
2 provisions across 2 enactments
D.Baby
C.Susheela Rani
The State of Tamil Nadu, Represented by its Secretary to Government, Health & Family Welfare Department
The Secretary, The Tamil Nadu Public Service Commission
The Director of Public Health & Preventive Medicine
The Deputy Director of Health Services, Villupuram District
Mummineni Sudheer Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
