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HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE N. SENTHILKUMAR W.A.Nos.436 & 438 of 2026 and C.M.P.Nos.4159 & 4172 of 2026 1. The State of Tamil Nadu/ That, permission is granted to the appellants to fill up the vacancies as per the notification for the post of Health Inspector (Grade – II), keeping the said 47 posts alone vacant by following the 69% reservation/communal reservation. (ii) Insofar as filling up of the remaining 47 posts, which are now to be kept vacant, is concerned, that exercise could be undertaken only after the final decision in these writ appeals.

by Sekar Reporter · March 11, 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.03.2026

CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND

THE HONOURABLE MR.JUSTICE N. SENTHILKUMAR

W.A.Nos.436 & 438 of 2026 and C.M.P.Nos.4159 & 4172 of 2026

1. The State of Tamil Nadu

Rep. By its Principal Secretary to Government

Health and Family Welfare Department

Secretariat, Fort St. George, Chennai – 600 009.

2. The Director of Public Health and Preventive Medicine DMS Compound, Anna Salai Teynampet, Chennai – 600 008.

3. The Medical Services Recruitment Board

Rep. By its Chairman

7th Floor, DMS Building, 359

Appellants

Anna Salai, Chennai – 600 006.

Vs.

1. A.Parthiban

2. V.Inbakumar

3. K.Ramesh Kumar

4. J.Edraj

5. N.Perinbam

in both W.As

6. K.Sadam Hussian

Respondents in

7. M.Muniyasamy

1. S.Arun

2. L.J.Paulays

3. Manikandan Sivasankaran

W.A.No.436 of 2026

4. A.Mohamed Subair

Respondents in

5. Ashif Mohamed

W.A.No.438 of 2026

Prayer in W.A.No.436 of 2026: Appeal filed under Clause 15 of the Letters Patent, against the order made in W.P.No.1868 of 2026 dated 28.01.2026.

Prayer in W.A.No.438 of 2026: Appeal filed under Clause 15 of the Letters Patent, against the order made in W.P.No.1863 of 2026 dated 28.01.2026.

For the Appellants

Mr.J.Ravindran

in both W.As

Additional Advocate General assisted by Ms.M.Sneha Special Counsel

For the Respondents

Mr.G.Sankaran

in both W.As

Senior Counsel for Mr.S.Nedunchezhiyan

COMMON ORDER (Order of the Court was made by R.SURESH KUMAR, J.)

Heard Mr.J.Ravindran, learned Additional Advocate General, assisted by Ms.M.Sneha, learned Special Counsel for the appellants

and Mr.G.Sankaran, learned Senior Counsel for

Mr.S.Nedunchezhiyan, learned counsel for the respondents.

2. As the issue pertains to only 47 posts of Health Inspectors and the remaining posts since are unnecessarily kept pending, awaiting the orders to be passed by this Court to fill up, the learned Additional Advocate General appearing for the appellants would submit that, the Government has decided to keep the 47 vacancies based on communal reservation and also not to fill up the same till the disposal of these writ appeals. But, with regard to the remaining posts are concerned, as there has been no issue to fill up those posts, permission may be granted to fill up those posts.

3. A memo has been filed to that effect by the Director of Public Health and Preventive Medicine, Chennai, dated 24.02.2026, wherein, the following has been stated:-

“2. It is humbly submitted that among the candidates called for certificate verification, 49 candidates who had studied P.G. Diploma in Sanitary Inspector Course from Gandhigram Institute were scrutinised and rejected for want of valid Government equivalence. Out of the said 49 candidates, 34 candidates will be within the zone of consideration. If this Hon’ble Court holds the PG diploma in Sanitary Inspector course from the Gandhigram Institute is equivalent to the

Multipurpose Health Worker (Male)/ Health Inspector/ Sanitary Inspector Course conducted by the Director of Public Health and Preventive Medicine

3. It is further humbly submitted that 15 candidates who had studied P.G. Diploma in Sanitary Inspector Course from Madurai Kamaraj University (WASH Institute) were also called for certificate verification and were rejected for the same reason, out of which 8 candidates will be within the zone of consideration. If this Hon’ble Court holds the PG diploma in Sanitary Inspector course from the Madurai Kamaraj University (WASH Institute) is equivalent to the Multipurpose Health Worker (Male)/ Health Inspector/Sanitary Inspector Course conducted by the Director of Public Health and Preventive Medicine.

4. It is further humbly submitted that 5 candidates from other institutions were also called for certificate verification and were rejected, and they will also within the zone of consideration. If this Hon’ble Court holds the PG diploma in Sanitary Inspector course from the those institute/ University is equivalent to the Multipurpose Health Worker (Male)/ Health Inspector/ Sanitary Inspector Course conducted by the Director of Public Health and Preventive Medicine.

5. It is humbly submitted that a Writ Petition in W.P.(MD) No.2052 of 2026 has been filed before the Hon’ble Madurai Bench of Madras High Court, seeking to declare the written examination conducted by MRB on 07.12.2025 pursuant to Notification No.16/MRB/2025 dated 27.10.2025 as illegal alleging mal practice. The Hon’ble Court, by order dated 24.02.2026, has disposed of the case directing the CBCID to conduct an investigation into the four centres where malpractice is alleged to have occurred. The Court has further ordered that the appointment to the post of Health Inspector Grade I shall be subject to the outcome of the CBCID investigation.

Therefore, it is humbly submitted that this Hon’ble Court may be Pleased to permit the appellants to issue appointment orders for the remaining eligible candidates as per the provisional selection list keeping the above 47 posts vacant as per communal roster subject to the outcome of the CBCID investigation and pass such further orders as this Hon’ble Court may deemed fit and proper in the circumstance of the case and thus render justice.”

4. Recording the same and after hearing the learned counsel appearing for both sides, we pass the following interim orders:-

(i) That, permission is granted to the appellants to fill up the vacancies as per the notification for the post of Health Inspector (Grade – II), keeping the said 47 posts alone vacant by following the 69% reservation/communal reservation.

(ii) Insofar as filling up of the remaining 47 posts, which are now to be kept vacant, is concerned, that exercise could be undertaken only after the final decision in these writ appeals.