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Jeya Priya.C v. The State of Tamil Nadu

Madras HC17 Sept 2025WP(MD)/26810/2022

Case brief

AI extract

What is this about?

Assistant Medical Officer (Siddha); MRB recruitment Notification No.05/MRB/2020 dated 26.10.2021; provisional selection list PSL No.05/MRB/2020 dated 18.11.2022; writ of certiorarified mandamus under Article 226; Section 27(f) Tamil Nadu Government (Conditions of Service) Act, 2016; representation dated 23.11.2022 to be decided within 12 weeks; no opinion on merits; W.P.(MD)No.26810 of 2022; Madurai Bench of Madras High Court; Abdul Quddhose, J.; disposed on 17.09.2025.

What did the court decide?

Direction to the third respondent (MRB) to obtain the vacancy position from respondents 1 and 2 and pass final orders if the petitioner is eligible, deciding the petitioner's representation dated 23.11.2022 on merits and in accordance with law within twelve weeks; no order as to costs; connected miscellaneous petitions closed. ¶38

Jeya Priya.C Vs The State of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the third respondent failed to apply its mind to the earlier orders of this Court in W.P.(MD)Nos. 1934 & 2037 of 2020 & 22822 of 2022 while issuing the impugned provisional selection list, such that the petitioner's name ought to have been included therein. +1 more

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Court's answer

The Court expressly did not express any opinion on the merits of the matter, leaving it to the respondents to consider the same on merits.

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Ratio / Principle

The writ petition was disposed of by directing the third respondent to obtain the vacancy position from respondents 1 and 2 and, if the petitioner is found eligible, to pass final orders and decide the petitioner's representation dated 23.11.2022 on merits and in accordance with law within twelve weeks from receipt of a copy of the order.

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Key takeaways

The Court held that no prejudice would be caused to the respondents if the petitioner's representation was considered on merits and in accordance with law within a time frame fixed by the Court.ratio¶36

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), Abdul Quddhose, J. — Writ petition under Article 226 challenging the MRB recruitment notification No.05/MRB/2020 dated 26.10.2021 and the provisional selection list (PSL No.05/MRB/2020 dated 18.11.2022) for the post of Assistant Medical Officer (Siddha), alleging non-application of mind to earlier orders of the Court, disposed of without expressing any opinion on merits. The Medical Services Recruitment Board was directed to obtain the vacancy position from the State authorities and, if the petitioner is eligible, to pass final orders and decide her representation dated 23.11.2022 on merits and in accordance with law within twelve weeks. No order as to costs; connected miscellaneous petitions closed.

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W.P.(MD)No.26810 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 17.09.2025

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CORAM

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THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE

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W.P.(MD)No.26810 of 2022

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and

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W.M.P.(MD)Nos.20994 to 20996 of 2022

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C.Jeya Priya : Petitioner

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Vs.

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1.The State of Tamil Nadu, Rep. by its Principal Secretary, Health and Family Welfare Department,

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Fort St. Goerge, Secretariat,

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Chennai – 600 009.

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2.The Director of Indian Medicine and Homeopathy,

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Arignar Anna Hospital Complex, Arumbakkam,

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Chennai – 600 106.

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3.The Medical Services Recruitment Board (MRB), Rep. by its Member Secretary, 7^th Floor, D.M.S. Building, 359, Anna Salai, Teynampet, Chennai – 600 006. : Respondents

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

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W.P.(MD)No.26810 of 2022

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PRAYER:

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, issue a of a Writ of Certiorarified Mandamus, to call for the records on the file of the third respondent in connection with the impugned provisional selection list for the post of Assistant Medical Officer (Siddha) in PSL No.05/MRB/2020 dated 18.11.2022 pertaining to the third respondent's recruitment notification No.05/MRB/2020 dated 26.10.2021 and quash the same as unconstitutional and illegal and consequently direct the third respondent to appoint the petitioner for the post of Assistant Medical Officer (Siddha) either in the merit list or from the reserve list vacancies, of the 112 total vacancies, notified in the third respondent's Notification No.05/MRB/2020 dated 26.10.2021, as per Section 27(f) of the Tamil Nadu Government (Conditions of Service) Act, 2016. considering the petitioner's representation dated 23.11.2022.

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For Petitioner : Mr.T.Lajapathi Roy, Senior Counsel, for M/s.Roy & Roy Associates For Respondents 1 & 2 : Mr.C.Satheesh, Government Advocate For Respondent No.3 : Mr.V.Ramesh, Standing Counsel

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

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W.P.(MD)No.26810 of 2022

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O R D E R

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This Writ Petition has been filed challenging the impugned recruitment notification dated 26.10.2021, impugned provisional selection list for the post of Assistant Medical Officer [Siddha] dated 18.11.2022.

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2. According to the petitioner, the third respondent has not applied its mind to the orders passed by this Court in W.P.(MD)Nos. 1934 & 2037 of 2020 & 22822 of 2022, while issuing the impugned provisional selection list. According to the petitioner, if the same was followed, the petitioner's name would have been included in the impugned selection list.

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3. Learned Counsel for the petitioner would submit that it would suffice, if a direction is issued to the respondents to consider the petitioner's case whenever a future vacancy arises, based on the petitioner's representation dated 23.11.2022, which has been filed along with this Writ Petition.

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4. Counter affidavit has been filed by the respective respondents before this Court disputing the contentions of the petitioner.

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

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W.P.(MD)No.26810 of 2022

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5. However, this Court is of the considered view that no

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prejudice will be caused to the respondents if the petitioner's representation as stated supra is considered on merits and in accordance with law within a time frame to be fixed by this Court . This Court has not expressed any opinion on the merits of the matter, as it is for the respondents to consider the same on merits.

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6. For the foregoing reasons, this Writ Petition is disposed of, by directing the third respondent to obtain the vacancy position from the respondents 1 & 2 and thereafter, to pass final orders in case the petitioner is eligible and decide the representation of the petitioner on merits and in accordance with law, within a period of twelve [12] weeks from the date of receipt of a copy of this order.

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7. Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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17.09.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR

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

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W.P.(MD)No.26810 of 2022

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1.The Principal Secretary, State of Tamil Nadu, Health and Family Welfare Department, Fort St. Goerge, Secretariat,

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