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2026 DAILYLAW 96506 (MAD)

S.Sumathi v. State of Tamil Nadu

WP(MD)/35175/2025 · 2026-01-05

B Pugalendhi

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(MD)No.35175 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2026 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.35175 of 2025 and WMP(MD)Nos.27871 and 27872 of 2025 1.S.Sumathi 2.Ramalakshmi 3.M.Muthulakshmi 4.S.Murugeshwari 5.S.Velmani ...Petitioners Vs 1.State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Welfare (C2) Department, Secretariat, Chennai – 600 009. 2.The Medical Service Recruitment Board, Represented by its Chairman, DMS Building, Chennai – 600 006. 3.The Directorate of Medical Education, Periyar EVR High Road, Kilpauk, Chennai – 600 010. ...Respondents 1/5 https://www.mhc.tn.gov.in/judis WP(MD)No.35175 of 2025 PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration to declare the action of the Respondent No.1 in filling up the vacant Nursing Assistant Grade-II Post by way of outsourcing contractual employees as illegal and violative of Article 16 of the Indian Constitution and consequently for a direction, directing the Respondents to fill up the Nursing Assistant Grade-II vacancies by way of implementing the Government Order in G.O.Ms.No.77 Health and Family Welfare (C2) Department dated 14.03.2024 within the time period stipulated by this Court. For Petitioners : Mr.T.Aswin Raja Simman For Respondent : Mr.G.V.Vairam Santhosh Nos.1 and 3 Additional Government Pleader For Respondent : Ms.P.Yasmin Begum No.2 ORDER The petitioners are aspirants for the post of Nursing Assistant Grade-II. The petitioners claim that they are having the requisite qualification for the said post. The Government vide GO.(Ms)No.77 Health and Family Welfare (C2) Department dated 14.03.2024 directed the Medical Recruitment Board to fill up the posts of Nursing Assistants Grade-II. However without complying with the said government order, the 1st respondent is engaging Nursing Assistants by way of outsourcing 2/5 https://www.mhc.tn.gov.in/judis WP(MD)No.35175 of 2025 and they have not done any recruitment as directed vide GO(Ms)No.77, dated 14.03.2024. Therefore, the petitioners have filed this writ petition that the action of the 1st respondent in engaging Nursing Assistants by way of outsourcing is illegal. 2.The learned counsel appearing for the 2nd respondent submits that the selection process would be conducted as per GO(Ms)No.77, dated 14.03.2024 and they are likely to issue notification for the same within this month. 3.Since it is reported that the 2nd respondent is inclined to proceed for recruitment of Nursing Assistants Grade-II, as per the said government order, this writ petition is closed with a direction to the respondents to ensure that GO.(Ms)No.77 Health and Family Welfare (C2) Department dated 14.03.2024 is complied with in its letter and spirit. No costs. Consequently connected miscellaneous petitions are closed. 05.01.2026 DSK 3/5 https://www.mhc.tn.gov.in/judis WP(MD)No.35175 of 2025 To 1.The Principal Secretary, Health and Family Welfare (C2) Department, Secretariat, Chennai – 600 009. 2.The Medical Service Recruitment Board, Represented by its Chairman, DMS Building, Chennai – 600 006. 3.The Directorate of Medical Education, Periyar EVR High Road, Kilpauk, Chennai – 600 010. 4/5 https://www.mhc.tn.gov.in/judis WP(MD)No.35175 of 2025 B.PUGALENDHI.J., DSK WP(MD)No.35175 of 2025 05.01.2026 5/5 https://www.mhc.tn.gov.in/judis