C. Muthukumaran Vs The State of Tamil Nadu.

The State of Tamil Nadu. Represented by its Principal Secretary to Government, Health and Family Welfare (L1) Department, Fort St.George Chennai 600 009.

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The Director, Directorate of Public Health and Preventive Medicine, No.359, Anna Salai, Teynampet, Chennai-600 006

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Medical Service Recruitment Board, Rep. by its Member Secretary, 7th Floor, No.359 Anna Salai, DMS Buildings, Teynampet, Chennai-600 006

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WP No. 25480 of 2026

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Crime Branch Criminal Investigation Department (CBCID), Rep. by Additional Director General of Police (ADGP), No.220, Pantheon Road, Egmore, Chennai-600 008

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..Respondent(s)

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Prayer : This writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the 2nd Respondent to implement the Provisional Selection List dated 13.01.2026 for the Post of Health Inspector Grade-II released by the 2nd Respondent by issuing appointment orders to the petitioners whose names are included in the Provisional Selection list dated 13.01.2026 having Ref. No.PSL.No.1/MRB/2026 comprising of 1429 candidates for the post of Health Inspector Grade-II pursuant to Notification No.16/MRB/2025 dated 27.10.2025 issued by the 3rd Respondent, Subject to the result of the pending Crime Branch Criminal Investigation Department (CBCID) enquiry registered in Cr.No.10 of 2026 on the file of Vallathirakottai Police Station, Pudukottai District with liberty to the Respondents to terminate the appointment of tainted candidates and recover and benefits drawn by any candidates who may be found upon completion of the said enquiry to have indulged in or benefⁱ ited from mal-practice.

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For Petitioner(s): Mrs. Nalini Chidambaram, SC for Mrs. S. C.Uma For Respondent(s): Mr. Vijay Narayanan, AG Asst. by Mr.A.R.Balaji, Gov. Adv., for R1 Mr. P.V.Balasubramaniam, AAG, Asst. by Mr. A.R.Balaji, Gov. Adv., for R2 & R4 Mr. S.J. Mohamed Sathik, for R3.

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ORDER

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This writ petition has been filed to issue a writ of mandamus directing the second respondent to implement the Provisional Selection List dated 13.01.2026 for the post of Health Inspector Grade-II by issuing appointment orders to the petitioners, subject to the outcome of the CBCID enquiry, with liberty to the respondents to terminate the appointment of any candidate found involved in malpractice and recover the benefits drawn.

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The petitioners were included in the Provisional Selection List dated

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13.01.2026 for the post of Health Inspector Grade-II and successfully completed certificate verification and counselling. They contend that no complaint, FIR or

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CBCID enquiry is pending against them and that the alleged malpractice relates only to certain identified examination centres, and not to the centres where they appeared. Therefore, withholding their appointments is arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India. They seek appointment subject to the outcome of the CBCID enquiry, with liberty to the respondents to take action against any candidate who is subsequently found guilty of malpractice. They further submit that delay in issuing appointment orders would cause irreparable prejudice, including loss of seniority and service benefits, and that the existing vacancies ought to be filled in the larger public interest.

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The learned Advocate General produced the order passed by the Division Bench of this Court in Writ Appeal Nos.436 and 438 of 2026 dated 09.03.2026, wherein, the Hon’ble Division Bench permitted the appellants therein, who are the respondents herein, to fill up the vacancies for the post of Health Inspector Grade-II while keeping aside 47 vacancies in view of the 69% reservation/communal reservation. The Division Bench further observed that the filling up of the reserved vacancies would be decided after the final disposal of the writ appeals. The recruitment process had been stalled owing to

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allegations of malpractice in certain examination centres.

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The learned Advocate General further brought to the notice of this Court that the Madurai Bench of the Madras High Court had initially stayed the issuance of appointment orders till 29.01.2026 and thereafter vacated the interim order, but had passed the following order:-

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“ 4. In view of the response shown by the respondents to the earlier order passed in W.P.no.1309 of 2026 dated 20.01.2026, this Court is vacating the interim order dated 27.01.2026. However, it is made clear that the results of the recruitment shall be subject to the outcome of the investigation in Cr.No.10 of 2026. The Government shall also ensure a fair investigation in Cr.No.10 of 2026, which is registered on the file of the Vallathirakottai Police Station, Pudukkottai District, by referring the matter to the CBCID. The investigation agency shall also find out the manner in which the examinations were conducted in other centres during the course of investigation. The respondents are directed to preserve CCTV footages in all centres and hand over the same to the investigation agency.”

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It is further stated that the CBCID, the fourth respondent, is investigating the matter and has filed a Status Report, wherein the Investigating Officer has made the following observations :

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“ 12. It is humbly submitted that, upon verification of the

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CCTV footage, it was observed that, at MNSK Engineering College, Pudukkottai, in Hall No.1, an invigilator wearing a green-coloured T-shirt named Madhan Raj, B TECH (Artificial Intelligence and Data Science), 3^rd year student of MNSK College of Engineering , Pudukottai was seen placing a mobile phone near a candidate wearing a white shirt named Hari Prakash, who was seated in the second row on the right side adjacent to the passage, at approximately 11.14.10 a.m. It was further observed that another person wearing a yellow-coloured T-shirt named Narasimman, BE(CSE), MNSK College of Engineering was present inside the examination hall. The conduct and activities of the said person appeared to be suspicious and warranted further enquiry.

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13. It is humbly submitted that, the said candidate Madhanraj was also seen making gestures and communicating with another candidate during the course of the examination. Upon verification of the CCTV footage, the involvement of four candidates and two invigilators in examination malpractice was prima facie established. Consequently, based on the complaint lodged by Thiru Sadhasivam, Administrative Officer(in-charge), Medical Services Recruitment Board, Chennai, a case was registered as Crime No.10 of 2026 at Vallathirakottai Police Station, Pudukottai District. “

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The Status Report further discloses that a special investigation team comprising four Inspectors, three Sub-Inspectors and fifteeen other personnel

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has been constituted to analyse the CCTV footage relating to 84 examination centres across 35 districts. It is also stated that 57 witnesses have already been examined.

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The learned Advocate General submitted that as on date, there are about over 1429 vacancies to be filled and that there is an urgent need to fill up these posts, particularly in view of the approaching moonsoon season. It was further submitted that, owing to the earlier interim orders, the entire recruitment process had been kept on hold.

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Considering the rival submissions, the urgency involved in filling up the vacancies, the pendency of the CBCID investigation, and the larger public interest, this Court is of the view that the writ petition deserves to be allowed on the following terms :

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(a) The provisional selection list dated 13.01.2026 for the post of Health Inspector Grade-II shall be given effect to and the recruitment process shall proceed. However, every appointment order shall specifically contain a statement that the appointment is subject to the final outcome of the CBCID investigation and the orders to be passed by this Court in the pending Writ Petitions as well as Writ Appeals

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challenging the Provisional Selection List.

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(b) The fourth respondent, CBCID, is directed to submit its final

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report on or before 11.09.2026.

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(c) Any candidate appointed pursuant to the Provisional Selection List, whose appointment is subsequently found to be illegal based on the CBCID report or any further orders of this Court, shall not be entitled to claim any equitable or service benefits. Any benefits already extended to such candidate shall be liable to be recovered in accordance with law.

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07-07-2026

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Index: Yes/No 2/2 Speaking/Non-speaking order Neutral Citation: Yes/No

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MRP

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To

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The Principal Secretary to Government, The State of Tamil Nadu. Health and Family Welfare (L1) Department, Fort St.George Chennai 600 009.

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The Director, Directorate of Public Health and Preventive Medicine, No.359, Anna Salai, Teynampet, Chennai-600 006

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Medical Service Recruitment Board, Rep. by its Member Secretary, 7th Floor, No.359 Anna Salai, DMS Buildings, Teynampet, Chennai-600 006

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Crime Branch Criminal Investigation Department (CBCID), Rep. by Additional Director General of Police (ADGP), No.220, Pantheon Road, Egmore, Chennai-600 008

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WP No. 25480 of 2026

P.T.ASHA, J.

MRP

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