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2026 Supreme(Mad) 1997

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J.
K.Dheivakumar - Petitioner
Vs.
The State of Tamil Nadu - Respondent
W.P. Nos. 2816 & 4691 of 2026 And W.M.P. Nos. 3121, 3124, 3126, 3128, 5223, 5224, 5226, 5227 Of 2026
Decided On : 27-02-2026

Advocates:
Advocate Appeared:
For the Petitioner: Ms N.Kavitha Rameshwar
For the Respondent: Ms M.Sneha, Spl. Counsel, Mr. S.J.Mohd. Sathik

The court affirmed that the one-year Sanitary Inspector diploma from Pondicherry University qualifies under government orders, directing inclusion of qualified candidates in the selection process despite completion dates.

Headnote:(A) Constitution of India - Article 226 - Writ of certiorari and mandamus - Non-inclusion in selection list for Health Inspector Grade II - Petitioners, qualified candidates from the Persons with Disabilities category, challenged the exclusion despite qualifying criteria being met, based on their diploma qualification and relevant government orders. (Paras 1-33)

(B) Government Orders - One-time relaxation of qualifications - Relaxation granted for candidates with a one-year Sanitary Inspector course from Pondicherry University was asserted by petitioners, whose qualifications had been deemed equivalent by the Directorate of Public Health, despite arguments alleging they completed the course after the stipulated date. (Paras 4-32)

Facts of the case:
Petitioner candidates qualified for a Health Inspector position based on their diplomas yet were excluded from the selection list despite scoring higher than required marks, with relevant government orders supporting their qualification. (Paras 2-6)

Findings of Court:
Court determined that petitioners fulfilled qualifications as per government orders and directed their inclusion in the selection for Health Inspector Grade II. (Paras 31-33)

Issues: The main issue addressed was the permissibility of utilizing the diploma obtained by petitioners and the implications of the issuance dates of government relaxation orders. (Paras 17-28)

Ratio Decidendi: The court held that the petitioners' diplomas from Pondicherry University are valid under the applicable government orders, emphasizing the lack of restrictions in the orders relevant to qualification dates. (Paras 30-32)

Result: Writ petitions allowed; respondents directed to include petitioners' names in the selection list.

Table of Content
1. factual background regarding petitioners' qualifications. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments regarding the inclusion of petitioners. (Para 7 , 8 , 9 , 11 , 12)
3. analysis of government orders and their implications. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31)
4. court's ruling on qualification acceptance. (Para 32)
5. conclusion and directive for inclusion of petitioners. (Para 33)

ORDER :

M.DHANDAPANI, J.

Assailing the impugned provisional selection list in which the names of the petitioners have been omitted to be included inspite of them getting higher marks and satisfying all the relevant qualification criteria, the present writ petitions have been filed by the petitioners.

2. The short facts leading to the filing of the writ petitions could be stated as under :-

Pursuant to the notification dated 27.10.2025 calling for applications for filling up 1429 vacancies in the post of Health Inspector Grade II, the petitioners, who belong to Persons with Disabilities category and MBC submitted their applications, whereinafter, they were called for written examination and upon publication of the results, the petitioners, having scored more than the cut off marks, were called for certificate verification during which time they produced all the documents and at that point of time, no objection was raised with regard to the Diploma certificate of the petitioners with reference to the Sanitary Inspector course awarded by the Pondicherry University.

3. It is the further case of the petitioners that when the provisional selection list was published, to the shock of the petitioners, their name was not reflected therein, which is impugned in the present writ petition. It is the further case of the petitioners that enquiry about the non-inclusion of their name resulted in them being informed that since the petitioners have completed Diploma course at Pondicherry University, they have not been included, though it is the case of the petitioners that the names of some candidates, who have completed Diploma in Pondicherry University, their names have been included in the selection list, but the respondents refused to include the name of the petitioners.

4. It is the further case of the petitioners that the State Government had issued G.O. Ms. No.243, Higher Education (K1) Department dated 12.09.2023, to the effect that the Diploma in Sanitary Inspector course awarded by Pondicherry University is equivalent to the Multipurpose Health Worker (Male) (One Year Course) offered by the Directorate of Public Health and Preventive Medicine for the purpose of the post of Multipurpose Health Worker (Male).

5. It is the further case of the petitioners that G.O. Ms. No.443, Health &Family Welfare (L1) Department dated 14.10.2025 was issued to the effect that candidates, who have passed one year course certificate from Pondicherry University can participate in the recruitment process as one time measure as done vide G.O. Ms. No.338, Health and Family Welfare Department dated 2.8.2019.

6. It is the further averment of the petitioners that they are eligible for the post of Health Inspector Grade II pursuant to the aforesaid notification, but the 3rd respondent failed to include the name of the petitioners in the selection list and have not called them for counselling held on 20.01.2026 and 21.06.2026, though the petitioners have secured higher ranks and are fit and eligible for selection. Therefore, left with no other alternative, the present writ petitions have been filed.

7. Learned counsel appearing for the petitioners submits that the impugned provisional selection list is against the Government orders, wherein, specific one time relaxation has been granted and, therefore, the non- consideration of the petitioners merely based on their one year Sanitary Health Inspector qualification is wholly impermissible.

8. It is the further submission of the learned counsel that the diploma course, which the pe

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