2026:MHC:3182 W.A.No.2131 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.07.2026 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR W.A.NO.2131 OF 2026 AND CMP NO.18478 OF 2026 S.Theerthagiri … Appellant Vs. 1.C.Muthukumaran 2.E.Raghul 3.The State of Tamil Nadu Rep. By its Principal Secretary to Government Health and Family Welfare (L1) Department Fort St. George, Chenani – 600 009. 4.The Director Directorate of Public Health and Preventive Medicine No.359, Anna Salai, Teynampet, Chennai – 600 006. 5.Medical Service Recruitment Board Rep. By its Member Secretary 7th Floor, No.359, Anna Salai, DMS Buildings, Teynampet, Chennai – 600 006. 6.Crime Branch Criminal Investigation Department (CBCID) Represented by Additional Director General of Police (ADGP) No.220, Pantheon Road, Egmore, Chennai – 600 008. … Respondents https://www.mhc.tn.gov.in/judis 2026:MHC:3182 W.A.No.2131 of 2026 PRAYER: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 07.07.2026 passed in W.P.No.25480 of 2026. For Appellant : Mr.S.Janarthanan for Mr.S.Kasirajan For Respondents - 1&2 : Mrs.C.Uma For Respondents - 3, 4 & 6: Mr.P.V.Bala Subramaniam Additional Advocate General For Respondent - 5 : Mr.S.J.Mohamed Sathik Standing Counsel for Medical Service Recruitment Board J U D G M E N T (Judgment of the Court was made by S.M.Subramaniam J.) The present intra Court appeal has been instituted under Clause 15 of the Letters Patent, challenging the writ order dated 07.07.2026 passed in W.P.No.25480 of 2026. The appellant was not a party to the writ proceedings and by securing leave from this court, he filed the present intra Court appeal on the ground that he was also a candidate participated in the process of selection. 2.The Medical Service Recruitment Board issued recruitment Notification on 27.10.2025 inviting applications from the eligible candidates for direct recruitment to the post of Health Inspector Grade – II. 1429 vacancies were notified. The appellant applied and participated in the selection process. Serious complaints of large-scale irregularities and organised malpractices https://www.mhc.tn.gov.in/judis 2026:MHC:3182 W.A.No.2131 of 2026 emerged from various examination centres across the State. The allegations included the use of mobile phones by candidates inside the examination halls, invigilators actively assisting candidates by providing answers through mobile phones, failure to maintain mandatory examination protocols, lack of effective supervision, violation of prescribed seating arrangements and discipline etc. 3.The State ordered an investigation by the Crime Branch- Criminal Investigation Department (CBCID). The Police Officials launched investigations and collected material evidences from 84 examination centres across 35 Districts. They are in the process of examining the materials collected to proceed further with the case. However, during the course of the investigation, they found that the irregularities were mainly identified in one examination centre alone. The status report dated 07.07.2026 filed by the Investigation Officer / Deputy Superintendent of Police, Thanjavur Range, Thanjavur, states as follows: “15.It is humbly submitted that, the said Writ Petition was disposed of on 24.02.2026, whereby this Hon’ble Court directed that the investigation in Crime No.10 of 2026, then pending on the file of Vallathirakottai Police Station, be transferred to the CBCID for further investigation. The respondents were also directed to preserve the CCTV footage pertaining to all examination centres and hand over the same to the CBCID for the purpose of investigation. https://www.mhc.tn.gov.in/judis 2026:MHC:3182 W.A.No.2131 of 2026 16.It is humbly submitted that, the case was re-registered at CBCID on 13.04.2026 at 16:45 hrs. and taken up for investigation by Deputy Superintendent of Police, Tr. D.Ashok, CBCID, Trichy Range, Trichy. The IO Visited the SOC, prepared rough sketch in the presence of the witnesses. A Special Team was constituted under the supervision of the Investigation Officer, comprising 4 Inspectors, 3 Sub-Inspectors, and 15 other personnel, for the purpose of analyzing CCTV footage. (i) It is humbly submitted that, the Complainant, Tr. Sadhasivam(AO), the Principal MNSK College Tr.Mayilvaganan, Invigilators Selvi. Ilavarasi, Selvi.Sudha, Tmt.Priyanka, Selvi. Vasuki, Selvi. Ragini, Tmt.Hemalatha, Tr.Nagarajan, Tr.Ramkumar, Security and Housekeeping were examined and their statements were recorded. DEXIT Area Assistant Administrator Tr.Ashokraj was examined and his statement was recorded. (ii) CDR, CAF, and IPDR data obtained for mobile numbers of accused Madhanraj, Narasimman, Tamilarasan, Satheeskumar, Kannan and Hariprakash and analysis of the same is under process. During the CCTV analysis, it was found that, the cell phones of the said persons were handed over by the accused/invigilators to the said applicants to facilitate copying and malpractice during the examination held on 07.12.2025. https://www.mhc.tn.gov.in/judis 2026:MHC:3182 W.A.No.2131 of 2026 (iii) So far, 57 witnesses including the candidates who appeared for the examination at MNSK Engineering College conducted on 07.12.2025 have been examined and recorded their statements. The documents from MSRB such as exam notification, Candidates’ application, Examination centre list, invigilators’ details pertaining to the examination centre, centre allotment order, Answer response sheet-soft copy, Exam result data, official agreement and correspondence between MSRB and DEXIT, Candidates’ details with examination centre, seating allocation and attendance Register of each centre and other relevant documents were collected and perused. Documents such as exam hall video clippings, venue manpower attendance sheet and other documents relating to the exam were collected and perused. (iv) CCTV footage pertaining to all 84 examination centres across 35 districts was collected from the MSRB through the proper channel and analysed. The examination of witnesses and scrutiny of the documents collected revealed that, at MNSK Engineering College, Vallathirakottai, Pudukkottai, four examination halls had initially been arranged for conducting the examination in online mode. However, due to a network failure, the https://www.mhc.tn.gov.in/judis 2026:MHC:3182 W.A.No.2131 of 2026 computer systems allotted to 14 candidates became inoperative. Consequently, the said candidates were shifted to Ground Floor, Hall No.5 (Lab-1), where additional computer systems had been kept for emergency use, to enable them to continue the examination. (v) The investigation further revealed that, due to the absence of sufficient invigilators, certain third-year students of the said college were nominated to perform invigilation duties. However, such nomination was made without obtaining the requisite ratification from the MSRB. (vi) Accordingly, Madhanraj and Narasimman, both third-year students of the said college, were assigned invigilation duties on the ground floor. During the examination conducted between 09:30 a.m. and 12:45 p.m., they facilitated the commission of malpractice by the candidates/accused, namely Tamilarasan, Satheesh Kumar, Kannan, and Hariprahash, by providing them a mobile phone for the candidates’ use at the time of examination. Further, they knowingly permitted the candidate/accused Tamilarasan to use his own mobile phone inside the examination hall during the course of the examination, thereby aiding and abetting the commission of examination malpractice. https://www.mhc.tn.gov.in/judis 2026:MHC:3182 W.A.No.2131 of 2026 (vii)The analysis of the Internet Protocol Detail Records (IPDR) revealed that the Internet/Web services were accessed in the mobile phones of the accused Narasiman, Madhanraj, and Tamilarasan during the examination hours, from 09:46 a.m. onwards. Further, the analysis of CCTV footages, in Hall No.5 (Lab-1) of the said college, it is ascertained that the invigilators Narasiman and Madhanraj handed over the mobile phone to the candidate/accused Kannan at 11:58:16 a.m., thereby facilitating and abetting the commission of examination malpractice and enabling the said candidate to write the examination by adopting unfair means.” 4.The status report filed by the Investigation Officer / Deputy Superintendent of Police, Thanjavur Range, Thanjavur, would show that during the preliminary investigation, the Authorities found that irregularities were identified in respect of a centre at MNSK Engineering College, Vallathirakottai, Pudukkottai. However, they are in the process of continuing the investigation by examining the CCTV footage and other evidences collected. 5.The learned Additional Advocate General would submit that due to dearth of Health Inspectors in the Public Health Department, the State is https://www.mhc.tn.gov.in/judis 2026:MHC:3182 W.A.No.2131 of 2026 unable to implement the Health Schemes for the welfare of the public. Large number of vacancies are to be filled up for effective implementation of Health Schemes introduced by the Medical Department. They have proceeded with the selection process, since there is no allegation or irregularity established in respect of all other Centres across the State except one centre. In respect of the tainted centre, 14 candidates had appeared for the examination. Out of which, four candidates were debarred, four candidates qualified and were provisionally selected, and the remaining six candidates were unsuccessful. Thus, only four candidates from the tainted centre were provisionally selected. Their selection and any consequential appointments shall, however, be subject to the outcome of the investigation being conducted by the Crime Branch-Criminal Investigation Department (CBCID). The details regarding the candidates who have involved in the irregularities are stated as follows: Sl. No. Registration Number Candidate Name Remarks 1 MRBHI25006870 MADHANKUMAR S Not qualified in Tamil Eligibility Test 2 MRBHI25013190 SRINIVASAN M Selected Provisional Selection list Sl.No.570 3 MRBHI25014945 NAGASUDHARSAN V Not qualified in Tamil Eligibility Test 4 MRBHI25007233 MANISEKARAN N Selected Provisional Selection list Sl. No.1315 5 MRBHI25000640 NEHEILARVIND JK Not called for certificate verification 6 MRBHI25015789 ABIDOSS M Not qualified in Tamil Eligibility Test 7 MRBHI25011405 MURUGAN M Selected Provisional Selection List Sl. No.1317 8 MRBHI25003858 KARTHIKEYAN N Not called for certificate verification https://www.mhc.tn.gov.in/judis 2026:MHC:3182 W.A.No.2131 of 2026 9 MRBHI25007214 HARIHARAN R Not called for certificate verification 10 MRBHI25014882 KANNAN M Not qualified in Tamil Eligibility Test (Debarred) 11 MRBHI25013270 SATHISHKUMAR K Selected Provisional Selection List Sl.No.12 (Debarred) 12 MRBHI25013202 TAMILZHARASAN R Selected Provisional Selection List Sl.No.19 (Debarred) 13 MRBHI25013550 SAHUL HAMMED M Selected Provisional Selection List Sl.No.18 14 MRBHI25014370 HARIPRAKASH S Called for certificate verification but ineligible (Institution not eligible as per the notification) (Debarred) 6.The learned Additional Advocate General would further submit that even in the disputed centre, out of 14 candidates, four candidates were de-barred since they were actively committed irregularities, which were noticed / detected by the Investigation Officers through CCTV footage and other evidences. Since there is no evidence or materials available in respect of 10 candidates, four candidates were selected and six remained unsuccessful. 7.This Court is of the considered view that the principles governing a selection process are that, during the conduct of examination or interview etc., if the entire selection is found to be tainted, then the Courts have no other option, but to set aside the selection in its entirety. If the tainted candidates are able to be identified in competitive examinations, then tainted https://www.mhc.tn.gov.in/judis 2026:MHC:3182 W.A.No.2131 of 2026 candidates alone are liable to be debarred and the entire selection need not be cancelled. Selection for the public posts are conducted by following procedures. On account of certain irregularities, in a particular centre, by few candidates, the rights of all other candidates against whom no allegations have been established, need not be made as victims. Though the investigations are in progress, the status report filed by the CBCID would show that so far they could be able to identify irregularities in one centre and even in that centre, four candidates committed certain irregularities, which were identified. Thus, the Authorities debarred those four candidates and in respect of other ten candidates, six candidates were unsuccessful and four candidates were selected. 8.Pertinently, the proceedings of the Competent Authority appointing the Health Inspectors clearly stipulate that the appointments made pursuant to the provisional selection list are subject to the final outcome of the criminal investigation being conducted by the Crime Branch Criminal Investigation Department (CBCID). 9.In view of the fact that the selection process had been concluded in all respects and the selected candidates were appointed, no further interference by this Court is required. As far as the investigation by the CBCID is concerned, it is in progress and the status report filed before this Court would show that except one centre, no serious irregularities have been so far identified. Further, the appointment orders have been issued subject to https://www.mhc.tn.gov.in/judis 2026:MHC:3182 W.A.No.2131 of 2026 the final outcome of the investigation being conducted by the Crime Branch- Criminal Investigation Department (CBCID). 10.Pertinently, the appellant before this Court is an unsuccessful candidate and not selected. 11.In view of the facts and circumstances, the impugned order dated 07.07.2026 passed in W.P.No.25480 of 2026 stands modified as follows: (i) The Crime Branch Criminal Investigation Department (CBCID) shall proceed with the investigation in all respects and conclude the same as expeditiously as possible. (ii) In the event of any irregularity, illegality, or malpractice in the selection process, the Police Authorities as well as the Departmental Authorities are directed to initiate all appropriate actions against the candidates found to have indulged in such illegalities, irregularities, or malpractices. (iii) All the appointments made pursuant to the selection are subject to the final outcome of the criminal case. https://www.mhc.tn.gov.in/judis 2026:MHC:3182 W.A.No.2131 of 2026 12.With the above directions, the writ appeal stands disposed of. However, there shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed. [S.M.S., J.] [N.S., J.] 24.07.2026 Index : Yes Speaking Order : Yes Neutral Citation : Yes TK To 1.The Principal Secretary to Government Government of Tamil Nadu Health and Family Welfare (L1) Department Fort St. George, Chenani – 600 009. 2.The Director Directorate of Public Health and Preventive Medicine No.359, Anna Salai, Teynampet, Chennai – 600 006. 3.The Member Secretary Medical Service Recruitment Board 7th Floor, No.359, Anna Salai, DMS Buildings, Teynampet, Chennai – 600 006. 4.The Additional Director General of Police (ADGP) Crime Branch Criminal Investigation Department (CBCID) No.220, Pantheon Road, Egmore, Chennai – 600 008. https://www.mhc.tn.gov.in/judis 2026:MHC:3182 W.A.No.2131 of 2026 https://www.mhc.tn.gov.in/judis 2026:MHC:3182 W.A.No.2131 of 2026 S.M.SUBRAMANIAM, J. AND N.SENTHILKUMAR, J. TK W.A.NO.2131 OF 2026 24.07.2026 https://www.mhc.tn.gov.in/judis