IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.03.2025 CORAM THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.No.20821 of 2018 and W.M.P.Nos.24436 & 24437 of 2018 S.Kiruba Thomas ... Petitioner Vs.

1.The State Rep by Principal Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.

2.The Medical Service Recruitment Board, Rep. by its Member Secretary, 7th Floor, DMS Building, No.359, Anna Salai, Thenampet, Chennai 600 006.

3.The Commissioner, Indian System of Medicine and Homeopathy, Arignar Anna Government Hospital, Arumbakkam, Chennai 600 106.

4.The Vice Chancellor, Tamil Nadu Dr.M.G.R. Medical University, Guindy, Chennai - 600 032.

5.The Principal, Government Yoga and Naturopathy Medical College, Chennai 600 106.

6.Dr.N.Manavalan

7.Dr.R.S.Himeshwari

8.Dr.S.T.Venkateswaran

9.Dr.K.Arul Prakasam

10.Dr.N.Mangalakarasi

11.Dr.Deepa

12.Dr.K.S.Lakshmi

13.Dr.L.Radhika

14.Dr.T.Prabhu

15.Dr.Indira Devi Subramanyam

16.Dr.K.Kahlil Subramanyan

17.Dr.S.Gokulakrishnan

18.Dr.K.Kanimozhi

19.Dr.S.Sadhana

20.Dr.R.Latha

21.Dr.S.Aravind

22.Dr.K.Dhanalakshmi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Indian Medicine and Homeopathy Regularisation of Temporary Services of the 17 Assistant Medical Officers in G.O.(2D).No.85, Health and Family Welfare (IM2-1) Department dated 09.07.2018 issued by the first respondent herein and quash the same as illegal, ultravirus, arbitrary and consequently direct the respondents 1 to 4 to issue the public notification to appoint the post of Assistant Medical Officers / Lecturer Grade II (Yoga and Naturopathy) in the Government Medical College.

For Petitioner : Mr.N.Rajavanniyan For Respondents : Mr.Tippusultan, GA for R1, R3 to R5 Mr.L.Murugavelu for R2 Mr.G.Arumugam for R4 Mr.R.S.Raveendhren for RR6 to 22

ORDER

This Writ Petition has been filed to call for the records pertaining to the Indian Medicine and Homeopathy Regularisation of Temporary Services of the 17 Assistant Medical Officers in G.O.(2D).No.85, Health and Family Welfare (IM2-1) Department dated 09.07.2018 issued by the first respondent herein and quash the same as illegal, ultravirus, arbitrary and consequently direct the respondents 1 to 4 to issue the public notification to appoint the post of Assistant Medical Officers / Lecturer Grade II (Yoga and Naturopathy) in the Government Medical College.

2. Heard Mr.N.Rajavanniyan, learned counsel for the petitioner, Mr.Tippusultan, learned Government Advocate for R1, R3 to R5, Mr.L.Murugavelu, learned counsel for R2, Mr.G.Arumugam, learned counsel for R4 and Mr.R.S.Raveendhren, learned counsel for R6 to R22 and perused the materials available on record.

3. The learned counsel for the petitioner submitted that the petitioner was working in the Primary Health Centre, Kuttakuzhi in Kanniyakumari District on a consolidated salary. The private respondents who have been regularised does not have the required qualification. The communal reservations and constitutional requirement in the principles of public employment was not followed while regularisation. The rule of equity in public employment is a basic feature of the Constitution and the authority has not envisaged any employment outside this constitutional scheme and without following the requirement of the communal reservation. But the same was not adopted in the case of the private respondents. No appointment can be regularised contrary to the statutory adhoc rules as well as the employment of Government Servant Appointment Rules in compliance of Article 14 and 16 of the Constitution of India.

4. The learned Government Advocate for the respondents 1,3 and 5 submitted that the petitioner has no locus standi to file this Writ Petition. The Government has sanctioned certain additional posts among other posts to the Government Yoga and Naturopathy Medical College, Chennai by issuing Government Order in G.O.Ms.No.