IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.11.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 4 4 847 of 2025 and WMP.No. 5 0037 of 2025

1.G.DEEPA

2.SUGAN

3.HEMANTHKUMAR

4.A.KALAIARASI

5.T.VISHNU PRAKASH

6.P.M.DIKSHAPRIYA

7.J.SURUTHI

8.B.PRABHUDASS

9.E.SHANTHOSHKUAMR

10.S.REENA

11.R.S.KISHORE, 12.D.YOGESHWARAN ... Petitioners Vs.

1.THE PRINCIPAL SECRETARY TO GOVERNMENT (HEALTH AND FAMILY WELFARE)

DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, CHENNAI-600 009.

2.THE DIRECTOR, DIRECTORATE OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, 359, ANNA SALAI, DMS COMPLEX, TEYNAMPET, CHENNAI-600 006.

3.THE DIRECTOR, MEDICAL AND RURAL HEALTH SERVICES, TEYNAMPET, CHENNAI-600 006 4.THE DIRECTOR, DIRECTORATE OF MEDICAL SERVICES, CHEPAUK, CHENNAI.

5.THE MEDICAL SERVICES RECRUITMENT BOARD (MRB), REP. BY MEMBER SECRETARY, NO.7TH FLOOR, DMS BUILDING, NO.359, ANNA SALAI, TEYNAMPET, CHENNAI-600 006. ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the 5th respondent to consider the petitioners for appointment to the post of Ophthalmic Assistant by permitting them to participate in the Certificate Verification to be held in November 2025 and to consider them for appointment to the post of Ophthalmic Assistant.

For Petitioners : Mr.M.Gnanasekar For Respondents For R1 to 4 : Mrs.M.Sneha, Special Counsel for Health Department For R5 : Mr.S.J.Mohamed Sathik, Standing Counsel

O R D E R

This writ petition has been filed for direction to the fifth respondent to consider the petitioners for appointment to the post of Ophthalmic Assistant by permitting them to participate in the certificate verification to be held in the month of November 2025.

2. Heard the learned counsel appearing on either side and perused all the materials placed before this Court.

3. Petitioners 1 to 4 already filed writ petition before this Court for declaring that GO.Ms.No.276 Health and Family Welfare (C2)

Department dated 01.09.2025 insofar as it excludes the candidates who possessed the Degree of Bachelor of Optometry as an eligible criteria for recruitment to the post of Ophthalmic Assistant is illegal and subsequent notification dated 17.02.2023 as illegal. In the said writ petition, the respondents filed counter stating that all the applicants are eligible to apply to the post of Ophthalmic Assistant as per the amendment issued vide GO.Ms.No.276 Health and Family Welfare Department dated 01.09.2022 only unless the rule has been amended, no persons who possess other than the qualification as mentioned in the said Government order are eligible to the post of Ophthalmic Assistant. Now the Government order in GO.Ms.No.180 Health and Family Welfare(C2) Department dated 17.06.2025 has been issued thereby amending the rules that the Degree of Bachelor of Optometry is also eligible to apply for the post of Ophthalmic Assistant. However, the petitioners are now seeking to apply for the post of Ophthalmic Assistant by notification of the year 2023. Since already the notification dated 17.02.2023 has been upheld by the Hon’ble Division Bench of this Court, the petitioners are not eligible to be considered for the post of Ophthalmic Assistant as per the notification dated 17.02.2023 since they are overqualified.

4. In view of the above, the direction sought for in this writ petition cannot be considered. As such, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

24.11.2025 (2/2)

Neutral citation: Yes/No Index: Yes/No Speaking/Non-speaking order lok To

1.THE PRINCIPAL SECRETARY TO GOVERNMENT (HEALTH AND FAMILY WELFARE)

DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, CHENNAI-600 009.

2.THE DIRECTOR, DIRECTORATE OF PUBLIC HEALTH AND PREVENTIVE MEDICINE, 359, ANNA SALAI, DMS COMPLEX, TEYNAMPET, CHENNAI-600 006.

3.THE DIRECTOR, MEDICAL AND RURAL HEALTH SERVICES, TEYNAMPET, CHENNAI-600 006 4.THE DIRECTOR, DIRECTORATE OF MEDICA