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2026 DAILYLAW 65249 (MAD)

V.ARUL KUMAR v. THE PRINCIPAL SECRETARY

WP/1122/2026 · 2026-01-12

M Dhandapani

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 1122 of 2026 __________Page 1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-01-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 1122 of 2026 and WMP.No.1308 of 2026 1.V.Arul Kumar 2.M.Sakthivel 3.R.Sudha 4.T.Sangeetha 5.J.Julien ..Petitioner(s) Vs 1.The Principal Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, Chennai-600 009. 2.The Directorate of Medical Education & Research, rep. By the Joint Director of Medical Education & Research (Nursing) i/c Kilpauk, Chennai-600 010. 3.The Director, Directorate of Medical & Rural Health Services, Teynampet, Chennai-600 006. 4.The Registrar, Tamil Nadu Nurses & Midwives Council, Santhome High Road, Mylapore, Chennai-600 004. ..Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the respondents and their officers in any manner including the candidates who obtained post basic B.Sc. Nursing Certificate through Distance Education mode in the panel for promotion to the post of Nursing Tutor Grade II in the Government Nursing Colleges and School of Nursing in Tamil Nadu as the qualification obtained through distance mode cannot be entertained as held by this Court dated 03.01.2019 in W.P.No.5409 of https://www.mhc.tn.gov.in/judis WP No. 1122 of 2026 __________Page 2 of 6 2018, Public Notice issued by the University Grants Commission vide F.No.1- 9/2018 (DEB-I) dated 23.02.2018 by considering the representation dated 31.12.2025. For Petitioner(s): Mr.K.Srinivasa Murthy for M/s.Row & Reddy For Respondent(s): Mr.K.Tippu Sulthan, GA ORDER This Writ Petition has been filed to restrain the respondents and their officers in any manner including the candidates, who obtained post basic B.Sc. Nursing Certificate through Distance Education mode in the panel for promotion to the post of Nursing Tutor Grade II in the Government Nursing Colleges and School of Nursing in Tamil Nadu as the qualification obtained through distance mode cannot be entertained as held by this Court dated 03.01.2019 in W.P.No.5409 of 2018, Public Notice issued by the University Grants Commission vide F.No.1-9/2018 (DEB-I) dated 23.02.2018 by considering the representation dated 31.12.2025. 2. Heard the learned counsels appearing on either side and also perused the materials available on record. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself. https://www.mhc.tn.gov.in/judis WP No. 1122 of 2026 __________Page 3 of 6 3. The learned counsel for the petitioners submitted that the petitioners obtained B.Sc. (Nursing) degree through regular mode and are working as Staff Nurses in the Government Medical Colleges and Hospitals in Tamil Nadu and they are under the zone of consideration for promotion to the post of Nursing Tutor-Grade II in the Government Nursing College and School of Nursing. He added that the Staff Nurses, who obtained their B.Sc. Nursing through distance mode are attempting to include their names for the aforesaid posts, which is against the order of this Court in W.P.No.5409 of 2018 dated 03.01.2019 and also violation of the public notice issued by the University Grants Commission dated 23.02.2018. He further submitted that in this regard, the petitioners have submitted their representation/objections to the respondents on 31.12.2025, despite the same, they apprehend that the Staff Nurses who obtained B.Sc through distance mode may be considered for promotion to the aforesaid posts and hence, the present Writ Petition. 4. Per contra, the learned Government Advocate appearing for the respondents submitted that there may be a direction to the respondents to consider and dispose of the representation/objections of the petitioners dated 31.12.2025, within a reasonable time. https://www.mhc.tn.gov.in/judis WP No. 1122 of 2026 __________Page 4 of 6 5. Considering the facts and circumstances of the case and also taking note of the submissions of the respective learned counsels, this Court directs the respondents to consider the representation/objections of the petitioners dated 31.12.2025 and to dispose of the same in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 6. With the above direction, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no orders as to costs. 7. WMP.No.1307 of 2026 filed by the petitioners to permit them to file a single Writ Petition, is allowed subject to payment of separate Court fee. 12-01-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DP https://www.mhc.tn.gov.in/judis WP No. 1122 of 2026 __________Page 5 of 6 To 1.The Principal Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, Chennai-600 009. 2.The Joint Director of Medical Education & Research (Nursing) i/c, Directorate of Medical Education & Research, Kilpauk, Chennai-600 010. 3.The Director, Directorate of Medical & Rural Health Services, Teynampet, Chennai-600 006. 4.The Registrar, Tamil Nadu Nurses & Midwives Council, Santhome High Road, Mylapore, Chennai-600 004. https://www.mhc.tn.gov.in/judis WP No. 1122 of 2026 __________Page 6 of 6 M.DHANDAPANI, J. DP WP No. 1122 of 2026 and WMP.No.1308 of 2026 12-01-2026 https://www.mhc.tn.gov.in/judis