Maivizhi G Vs the Principal Secretary — Writ and Judicial Review | Madras HC (2025)

Maivizhi G Vs the Principal Secretary — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

None as prayed for; the writ petition was not quashed but disposed of in terms of the undertakings recorded from the official respondents (future recruitment only through the Medical Services Recruitment Board; termination of temporary COVID-19 period appointees upon finalisation of such recruitment); no costs; connected miscellaneous petitions closed.

Issue for consideration

Whether the impugned G.O (D) No.321, dated 25.02.2021, permitting continuation in service of Ayush Medical Officers / Consultants appointed only on a temporary basis, without following Employment Exchange seniority and the Rule of Reservation, is illegal and arbitrary and liable to be quashed, with a direction to invite a fresh notification following the reservation policy. +1 more

Court's answer

The Court recorded the undertaking of the official respondents that henceforth recruitment to the post of Ayush Medical Officers / Consultants shall be made only through the recruitment conducted by the Medical Services Recruitment Board, and disposed of the writ petition on that basis.

Ratio / Principle

Once the recruitment conducted by the Medical Services Recruitment Board is finalized, the services of the persons who were appointed during the COVID-19 period on a temporary basis and who continued to hold their posts shall stand terminated immediately.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), Abdul Quddhose, J. — Writ petition under Article 226 sought certiorarified mandamus to quash G.O (D) No.321, dated 25.02.2021, issued by the first respondent, by which the services of 104 Ayush Medical Officers / Consultants, appointed on a temporary basis during the COVID-19 period, were allowed to continue without following Employment Exchange seniority and the Rule of Reservation, and to direct a fresh notification following the reservation policy. The Court did not adjudicate the legality of the G.O. Noting G.O.(D).No.466, dated 06.05.2020 (under which Ayush Medical Officers / Consultants are henceforth to be appointed only through recruitment by the Medical Services Recruitment Board and no temporary appointments will be made), the Court disposed of the writ petition after recording the official respondents' undertaking that recruitment shall be made only through the Medical Services Recruitment Board and that, once such recruitment is finalized, the services of persons appointed during the COVID-19 period on a temporary basis and continuing in post shall stand terminated immediately. The private respondents (Respondent Nos.3 to 71, impleaded by order dated 22.04.2025) submitted they were appointed temporarily with annual renewals and did not seek regularization. Disposed of; no costs; connected W.M.P.(MD).Nos.13365 and 13366 of 2021 closed.

W.P.(MD)No.16483 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 16.09.2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

W.P.(MD)No.16483 of 2021 and

W.M.P.(MD).Nos.13365 and 13366 of 2021

G.Maivizhi

... Petitioner

Vs.

1.The Principal Secretary,

Department of Health and Family Welfare, Government of Tamil Nadu, Fort St.George,

Chennai-600 001.

2.The Director of Indian Medicine and Homeopathy, Arumbakkam,

Chennai-600 106.

3.T.Bhuvaneswari

4.V.Thamizhselvi

5.F.Sophia Anthuvanth

6.N.E.Parthasarathi

7.P.Chitharanjani

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W.P.(MD)No.16483 of 2021

8.P.A.Shanmugapriya

9.N.C.Umamaheswari

10.S.Anbarasan

11.R.Jency Saffrin

12.S.Maanarasi

13.G.Sruthi

14.C.Sankar Dayal Sharma

15.K.Vidhya

16.K.Deepika

17.G.Bharathi

18.R.Sibi Chakravarthi

19.K.Dhivya

20.S.Kavi Nagarajan

21.R.Dhivya

22.M.Sathya

23.R.Kokila

24.K.Abirami

25.K.Kanimozhi

26.S.Ramya

27.A.Sharmila

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W.P.(MD)No.16483 of 2021

28.S.Selvakumar

29.D.Prabakaran

30.K.Kumaresan

31.D.Nesanthine

32.Tamilarasi

33.Karu Sandhanam

34.Praveen Kumar

35.D.Tamilselvan

36.Abinaya

37.Sadhana

38.Veeran Mindar

39.Divya Dharshini

40.Santhosh Kumari

41.R.Savitha

42.A.Sudha

43.M.Janaki

44.A.Suganya

45.M.Saranya

46.P.G.Sika Suwathi

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W.P.(MD)No.16483 of 2021

47.L.Poonkuzhali

48.B.Khaviya

49.S.C.Sudha

50.R.Vaishali

51.T.Vijayalakshmi

52.M.Isaivani

53.S.Karunakaran

54.V.Deenadhayalan

55.A.D.Vinuakkaravarthi

56.P.M.Balu

57.R.Jeyashree

58.Tamilkumaran

59.S.Muthukumarasamy

60.P.Lavanya

61.C.Dhanalakshmi

62.D.Deepika

63.S.Sandhiya

64.R.Bharathi Sri

65.P.Sugitha

66.D.Prakash

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W.P.(MD)No.16483 of 2021

67.A.Ramya Jenifer

68.U.Ruckmani

69.G.Sivasankari

70J.James Hermina

71.Vignesh ... Respondents (Respondent Nos.3 to 71 are impleaded vide Court order dated 22.04.2025 in W.M.P.(MD).No.25779 of 2023 in W.P.(MD).No.16483 of 2021)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of certiorarified Mandamus, to call for the records pertaining to the impugned G.O (D) No.321, dated 25.02.2021, issued by the first respondent, and quash the same as illegal and arbitrary and consequently direct the respondents to invite the fresh notification and to be follow reservation policy within the time that may be stipulated by this Court.

For Petitioner : Mr.A.D.Ganeshamoorthi

For R-1 &R-2 : Mr.A.Baskaran, Additional Government Pleader

For R-3 to R-71 : Mr.T.Cibi Charaborthy

O R D E R

This writ petition has been filed challenging the impugned G.O (D) No. 321, dated 25.02.2021, issued by the first respondent, through which the services of 104 Ayush Medical Officers / Consultants were allowed to be continued.

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W.P.(MD)No.16483 of 2021

The petitioner's contention is that they have been allowed to continue in service without following the Employment Exchange seniority and the Rule of Reservation, even though they were appointed only on temporary basis.

The learned Additional Government Pleader appearing for respondent Nos.1 and 2, would submit that, now as per G.O.(D).No.466, dated 06.05.2020, issued by the Health and Family Welfare (IM2(1)) Department, henceforth, the Ayush Medical Officers / Consultants will be appointed only through a recruitment process conduced by the Medical Services Recruitment Board and no more temporary appointments will be made. He would also submit that once the recruitment process gets finalized and Ayush Medical Officers / Consultants are appointed, the services of temporary employees, who were appointed during the COVID-19 period in the year 2020 will stand terminated.

The learned counsel appearing for the petitioner would submit that this Court may record the undertaking given by respondent Nos.1 and 2 as stated supra and dispose of this writ petition in terms of the said undertaking.

5. The learned counsel appearing for the private respondents in this writ petition would submit that the private respondents were appointed only on a 6/9

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W.P.(MD)No.16483 of 2021

temporary basis and their services have been renewed periodically every year and since they are not seeking for regularization of their services, the petitioner should not have any grievance.

Accordingly, this Court, after recording the undertaking given by the official respondents that henceforth the recruitment to the post of Ayush Medical Officers / Consultants shall be made only through the recruitment conducted by the Medical Services Recruitment Board and once such recruitment is finalized, the services of the persons, who were appointed during the COVID-19 period on a temporary basis and who were continued to hold on to their post, shall stand terminated immediately, disposes of the writ petition. No costs. Consequently, the connected miscellaneous petitions are closed.

16.09.2025

NCC:yes/no Index:yes/no Internet:yes/no TSG To 1.The Principal Secretary, Department of Health and Family Welfare, Government of Tamil Nadu, Fort St.George, Chennai-600 001.

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W.P.(MD)No.16483 of 2021

2.The Director of Indian Medicine and Homeopathy, Arumbakkam, Chennai-600 106.

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W.P.(MD)No.16483 of 2021

ABDUL QUDDHOSE, J.

TSG

W.P.(MD)No.16483 of 2021

16.09.2025

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