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2025 Supreme(Mad) 3009

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. Karthikeyan, J.
Dr.R.Manoj Praveen Daniel - Petitioner
Versus
The Additional Chief Secretary to Government, Health and Family Welfare Department and ors.- Respondents
W.P.No.8236 of 2025 And W.M.P.Nos.9239 & 9241 of 2025
Decided On : 21-03-2025

Advocates:
Advocate Appeared:
For the Petitioner: Mr.D.Vijayakumar
For the Respondent:Mr.M.Bindran,  Additional Advocate General, Mr.J.Ravindran,  Additional Advocate General, Assisted by, Mr.L.Murugavelu, Mr.R.Bharanidharan,  Standing Counsel

Eligibility for public employment must be determined as of the last date for application submission. Late registration does not confer a right to be considered for selection.

Headnote:(A) Recruitment process - Eligibility criteria - Jurisprudence established by the Supreme Court regarding eligibility for public employment based on qualifications held as of the last date for application submission. (Paras 12-20)

(B) Writ petition - Claim of legitimate expectation and arbitrariness in not being considered for recruitment based on procedural requirements. (Paras 10, 25, 30)

Facts of the case:
The petitioner sought to quash the selection list for the position of Assistant Surgeon, claiming non-inclusion despite having qualifications. He registered late due to portal congestion after receiving the required certificate.

Findings of Court:
The petitioner could not be considered due to non-fulfillment of eligibility criteria by the cut-off date.

Issues: Whether the petitioner was unfairly excluded due to procedural delays.

Ratio Decidendi: The court emphasized that eligibility must be judged as of the last application date, reaffirming the importance of strict adherence to recruitment timelines per established legal principles.

Result: Writ Petition dismissed.

Table of Content
1. eligibility requirements must be met. (Para 1 , 2 , 3)
2. legitimate expectations asserted by petitioners. (Para 4)
3. final dismissal of the writ petition. (Para 6)

ORDER :

C.V. Karthikeyan, J.

The Writ Petitioner had applied for the post of Assistant Surgeon (General).

2. The writ petition has been filed seeking records relating to the provisional selection list issued consequent to Notification No.01/MRB/2024, dated 15.03.2024 with specific reference to Clause 6B(III) modified by Notification dated 14.05.2024 and to quash the same so far as the non-inclusion of the writ petitioner is concerned.

3. The writ petitioner was duly qualified to apply for the post of Assistant Surgeon (General). He had completed his Bachelor of Medicine and Bachelor of Surgery (M.B.B.S.) degree. Thereafter, he was issued with provisional certificate. Thereafter, he also completed his one year internship programme. On completion of internship, he was issued with provisional certificate-II. After receiving that particular certificate, he had applied with the third respondent for registration as registered Medical Practitioner.

4. This Court had occasion to examine similar batch of writ petitions in W.P.No. 6533 of 2025 etc batch [ Dr.M.Sai Ghanesh Vs. Government of Tamil Nadu, represented by its Secretary, Medical Services Recruitment Board, Chennai and others , wherein this Court had passed the following common order:-

“9. The uniform arguments that have been advanced by the learned counsel in all the three Writ Petitions is that the Provisional Certificate -II, which was issued by Dr.M.G.R.Medical University, was issued only on 11.07.2024. It had been contended that these three writ petitioners had completed the course in the College, which runs for about five years in the year 2023 and had been issued with what is called as Provisional Certificate - I. But that is not sufficient. They have to undergo the Internship for a period of one year, which they have successfully completed. The learned counsels pointed out that thereafter, the Provisional Certificate-II had been issued by the University, which was the certificate certifying that they have undergone the course in the College and also successfully completed their Internship as required for a further period of one year. It is uniformly contended that this particular certificate/Provisional Certificate-II was issued only on 11.07.2024. The learned counsels pointed out that all the three writ petitioners had applied for the post of Assistant Surgeon (General) and they were also permitted to write the examinations and that therefore, they had a legitimate expectation that there could be no further hurdles while considering their selection or on examining their credentials vis-a-vis the applications, which they had submitted. But, however, it is also stated that the Notification under which they had so applied for the said post, contained a further requirement that the candidates should not only have completed their course and also their Internship Course and that they had so completed should be recognised by the Medical University and the University should have issued a Provisional Certificate - II. They cannot rest with such certificate but, must further register themselves, to enable them to be called as Registered Medical Practitioner, with the Tamil Nadu Medical Council. This registration by the Tamil Nadu Medical Council is an independent process and it required the writ petitioners to apply online through the portal of the Tamil Nadu Medical Council. The Tamil Nadu Medical Council would independently verify the certificates and credentials and after verifying the same, they would issue their certificate approving that the petitioners are qualified to practice as Medical Professionals.

10. The learned counsels pointed out that after receiving the Provisional Certificate -II, only on 11.07.2024, the petitioner had applied immediately in the portal of the Tamil Nadu Medical Council.

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