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G.Sudha Vs the State of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

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G.Sudha Vs the State of TamilnaduG.Sudha v. the State of Tamilnadu

Dismissed¶26

G.Sudha v. the State of Tamilnadu

Madras HC24 Jan 2025WP(MD)/22722/2019

Case brief

AI extract

What is this about?

Withdrawal dismissal — Madras High Court, Madurai Bench (Dr. Justice A.D. Maria Clete), W.P.(MD)No.22722 of 2019, order dated 24.01.2025. Petitioner G. Sudha vs State of Tamil Nadu (Health and Family Welfare Department) and Medical Services Recruitment Board (MRB). Challenge under Article 226 via Certiorarified Mandamus to MRB Notification CV Intimation No.02/MRB/2019 dated 04.09.2019 — Certificate Verification Schedule and Selection List (Serial No.1 to 163) for the post of Nurses — alleging non-adherence to Rule of Reservation / communal-category cut-off marks (SC General / SC Women). Counsel: N. Saravanan for petitioner; S.R.A. Ramachandran, Additional Government Pleader, for R1; V. Ramesh, Standing Counsel, for R2. Dismissed as withdrawn on counsel's endorsement, no costs; connected W.M.P(MD)Nos.19464 & 19467 of 2019 closed. No merits adjudication, no citations.

What did the court decide?

Permission to withdraw the writ petition granted on the learned counsel's endorsement; writ petition dismissed as withdrawn with no costs; connected Miscellaneous Petitions (W.M.P(MD)Nos.19464 & 19467 of 2019) closed. ¶26

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition granted on the learned counsel's endorsement; writ petition dismissed as withdrawn with no costs; connected Miscellaneous Petitions (W.M.P(MD)Nos.19464 & 19467 of 2019) closed.

Issue for consideration

Whether the certificate verification schedule and selection list for the post of Nurses (Notification CV Intimation No.02/MRB/2019 dated 04.09.2019, Serial No.1 to 163) were illegal and unconstitutional for not being prepared as per the Rule of Reservation with cut-off marks fixed based on communal categories (including Scheduled Caste (General) / Scheduled Caste (Women)), warranting quashing and preparation of a fresh selection list. (Framed from the prayer; the Court did not adjudicate this issue as the petition was withdrawn.)

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), Dr. Justice A.D. Maria Clete — W.P.(MD)No.22722 of 2019, decided 24.01.2025: The petitioner, G. Sudha, had sought a writ of Certiorarified Mandamus under Article 226 to quash the Medical Services Recruitment Board's Notification CV Intimation No.02/MRB/2019 dated 04.09.2019 (Certificate Verification Schedule for Nurses and consequent Selection List, Serial No.1 to 163, published on the Board's website) as illegal and unconstitutional, and to direct preparation of a fresh selection list as per the Rule of Reservation by fixing cut-off marks based on communal categories, under Scheduled Caste (General) or Scheduled Caste (Women). Before any adjudication on merits, the learned counsel for the petitioner sought permission to withdraw the writ petition and made an endorsement to that effect. Recording the same, the Court dismissed the writ petition as withdrawn, with no costs, and closed the connected Miscellaneous Petitions W.M.P(MD)Nos.19464 & 19467 of 2019. No issue on merits was decided and no precedent was cited or considered.

A

W.P.(MD)No.22722 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 24.01.2025

CORAM:

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P.(MD)No.22722 of 2019

and

W.M.P(MD)Nos.19464 & 19467 of 2019

G.Sudha, D/o Ganesan, No.9/56, Udaikanjirankulam, Melarankiyam Post, Kalatur, Thiruppuvanam, Virudhunagar District. ... Petitioner Vs.

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

2.Medical Services Recruitment Board, Represented by its Member Secretary, 7^th Floor, DMS Building, 359, Annasalai, Teynampet, Chennai-600 006. ... Respondents

Prayer in W.P(MD)No.22722 of 2019: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 2^nd respondent Notification CV Intimation No.02/MRB/2019, dated

https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.22722 of 2019

04.09.2019 with regard to Certificate Verification Schedule for Nurses and consequent list of candidates called for certificate verification for the post of Nurses Selection List, dated 04.09.2019, Serial No.1 to 163 published in the 2^nd respondent website vide Annexure as illegal and unconstitutional and quash the same and thereby direct the respondents 1 and 2 to prepare fresh selection list as per Rule of Reservation by fixing cut off marks based on communal categories and under the category of Scheduled Caste Community (General) or Scheduled Caste (Women) based on the marks secured by the petitioner in the Written Examination and pass such further or other orders as this Hon'ble Court may deem fit.

Prayer in W.M.P(MD)No.19464 of 2019: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to dispense with the production of the original impugned Certification Verification Selection List published by the 2^nd respondent vide his Notification No. 02/MRB/2019, dated 04.09.2019 and the subsequent impugned order of certification Verification Selection List, dated 04.09.2019.

Prayer in W.M.P(MD)No.19467 of 2019: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to grant an order of Ad-Interim direction directing the 1^st and 2^nd respondents to produce the details of the caste of the persons appointed under the General Turn Quota, pending disposal of the above writ petition.

For Petitioner : Mr.N.Saravanan For R1 : Mr.S.R.A.Ramachandran Additional Government Pleader

https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.22722 of 2019

For R2 : Mr.V.Ramesh

Standing Counsel

ORDER

The learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition and he had also made an endorsement to that effect.

Recording the same, this Writ Petition stands dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petitions are closed.

24.01.2025

NCC : Yes / No Index : Yes / No Internet : Yes/ No

gbg

To

1.The Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai-600 009.

https://www.mhc.tn.gov.in/judis

3 of 5

W.P.(MD)No.22722 of 2019

2.The Member Secretary, Medical Services Recruitment Board, 7^th Floor, DMS Building, 359, Annasalai, Teynampet, Chennai-600 006.

https://www.mhc.tn.gov.in/judis

4 of 5

W.P.(MD)No.22722 of 2019

DR.A.D.MARIA CLETE, J. gbg

W.P.(MD)No.22722 of 2019

24.01.2025

https://www.mhc.tn.gov.in/judis

5 of 5

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the certificate verification schedule and selection list for the post of Nurses (Notification CV Intimation No.02/MRB/2019 dated 04.09.2019, Serial No.1 to 163) were illegal and unconstitutional for not being prepared as per the Rule of Reservation with cut-off marks fixed based on communal categories (including Scheduled Caste (General) / Scheduled Caste (Women)), warranting quashing and preparation of a fresh selection list. (Framed from the prayer; the Court did not adjudicate this issue as the petition was withdrawn.)medium confidence¶15

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶11

Procedural history

How this case reached the court

AI extract

Order under challenge
Notification CV Intimation No.02/MRB/2019 dated 04.09.2019 of the 2nd respondent (Medical Services Recruitment Board) regarding the Certificate Verification Schedule for Nurses and the consequent list of candidates called for certificate verification / Selection List dated 04.09.2019, Serial No.1 to 163, published on the 2nd respondent's website.¶15
Medical Services Recruitment Board (2nd respondent) · 04.09.2019

Parties & counsel

AI extract

petitioner
G.Sudha¶8
Mr.N.Saravanan
respondent
The State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Welfare Department¶9
Mr.S.R.A.Ramachandran
respondent
Medical Services Recruitment Board, Represented by its Member Secretary¶10
Mr.V.Ramesh

Coram

AI extract

DR.JUSTICE A.D.MARIA CLETEauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 24 Jan 2025 · January
Registered: 24 Oct 2019
Case no.: WP(MD)/22722/2019
CNR: HCMD010983082019
Topic: Writ and Judicial Review
Bench: A.d.maria Clete
Disposal: WITHDRAWN DISMISSED
Case type: W.P.(MD)

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Cite this judgement

G.Sudha v. the State of Tamilnadu, WP(MD)/22722/2019 (MAD), decided on 24 January 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Procedural history1

Notification CV Intimation No.02/MRB/2019 dated 04.09.2019 of the 2nd respondent (Medical Services Recruitment Board) regarding the Certificate Verification Schedule for Nurses and the consequent list of candidates called for certificate verification / Selection List dated 04.09.2019, Serial No.1 to 163, published on the 2nd respondent's website.Medical Services Recruitment Board (2nd respondent) · 04.09.2019

View full history

Bench / Coram

DR.JUSTICE A.D.MARIA CLETE

Parties & counsel