IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
DR.M.ELANCHEZHIYAN M.S. (D.L.O) – Appellant
Versus
The State of Tamil Nadu – Respondent
##PAGE1##
W.P.No.2755 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2026
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.2755 of 2026
And
W.M.P.No.3010 of 2026
Dr.M.Elanchezhiyan ... Petitioner
Vs.
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 Medical Education and Research,
Kilpauk,
Chennai – 600 010.
3 The DRO/Additional Director of Medical
Education and Research
Directorate of Medical Education and Research,
Kilpauk,
Chennai – 600 010. ... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus to call for the records relating
to the impugned order issued first respondent in G.O.(D) No.1362,
Health and Family Welfare Department dated 18.11.2025, as
communicated by the third respondent in Letter Ref.No.37995/E1/
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##PAGE2##W.P.No.2755 of 2026
2025-ENT dated 19.11.2025 and to quash the same and consequently
directing the respondents to include the name of the petitioner in
2025-2026 panel for promotion to the post of Professor of ENT with all
consequential and other attendant benefits.
For Petitioner : Mr.G.Sankaran
Senior Counsel
for M/s.S.Nedunchezhiyan
For Respondents : Mr.K.Tippu Sulthan
Government Advocate
O R D E R
By consent, the writ petition is taken up for final disposal at
the admission stage itself.
2.The petitioner has filed this writ petition seeking issuance
of Writ of Certiorarified Mandamus to call for the records relating to
the impugned order issued first respondent in G.O.(D) No.1362, Health
and Family Welfare Department dated 18.11.2025, as communicated
by the third respondent in Letter Ref.No.37995/E1/ 2025-ENT dated
19.11.2025 and to quash the same and consequently directing the
respondents to include the name of the petitioner in 2025-2026 panel
for promotion to the post of Professor of ENT with all consequential
and other attendant benefits.
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##PAGE3##W.P.No.2755 of 2026
3.The learned Senior Counsel appearing for the petitioner
submitted that the petitioner was appointed as Assistant Surgeon in
the Tamil Nadu Medical Service through TNPSC in the year 2006 and
the petitioner completed M.S.(E.N.T.) as a service candidate in the
year 2011 and the petitioner was posted as Assistant Professor on
24.05.2011 and was promoted to the post of Associate Professor
(E.N.T.) vide G.O.(D) No.601 dated 27.04.2021 and he joined the said
post on 29.04.2021. The grievance of the petitioner is that the
petitioner is the senior most person and he is eligible to be promoted
as Professor of ENT for the panel year 2025 – 2026, however, his
name was not included in the said panel.
4.The learned Senior Counsel appearing for the petitioner
further submitted that though 18 posts were approved for the post of
Professor of ENT for the panel year 2025 – 2026, only five names were
included in the panel. Hence, this Court may without going into the
merits of the case, grant liberty to the petitioner to file appeal before
the first respondent for inclusion of the petitioner’s name for the post
of Professor of ENT for the panel year 2025 – 2026 and for subsequent
promotion to the vacant post.
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##PAGE4##W.P.No.2755 of 2026
5.Considering the limited relief now sought for by the learned
Senior Counsel appearing for the petitioner, this Court without
expressing any opinion on the merits of the case and without
interfering with the order impugned in this writ petition, grants liberty
to the petitioner to file appeal before the first respondent, within a
period of two weeks from the date of receipt of a copy of this order. If
any such appeal is filed by the petitioner, the first respondent shall
consider the same, on merits and in accordance with law and pass
appropriate orders, wi
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