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2026 Supreme(Online)(Mad) 42877

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
DR.B.BHARATHI – Appellant
Versus
THE CHAIRMAN – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-04-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and W.M.P.No.14409 of 2026 Dr.B.Bharathi Daughter of S.Balusamy

28 Pattakkarar Pudhur Kangayam Tiruppur District 638701.

..Petitioner(s)

Vs

1. The Chairman Medical Services Recruitment Board

7th Floor, DMS Building

359 Anna Salai, Teynampet Chennai 600006.

2. The Member Secretary Medical Services Recruitment Board

7th Floor, DMS Building

359 Anna Salai, Teynampet Chennai 600006.

3. The Director Of Public Health And Preventive Medicine DMS Building

359 Anna Salai, Teynampet Chennai 600006.

..Respondent(s)

PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the 1st respondent to include the name of the petitioner in the Provisional Selection List of candidates published vide PSL.No.05/MRB/2026 dated 05.03.2026 to the post of Assistant Surgeon(General) with Specialty Qualification in Obstetrics and Gynecology for Direct Recruitment in Tamil Nadu Medical Services upon submission of all relevant documents along with Tamil Nadu Medical Council Registration Certificate after considering the representation of petitioner dated 14.03.2026 in accordance with law and on merits expeditiously within a stipulated time frame to be fixed by this Court.

For Petitioner(s): Mr. R.Prabakar For Respondent(s): Mr. M. Bindran Additional Government Pleader for R1 and R2 Mr.S.J.Mohamed Sathik Standing Counsel for R3

ORDER

The present Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the 1st respondent to include the name of the petitioner in the Provisional Selection List of candidates published vide PSL.No.05/MRB/2026 dated 05.03.2026 to the post of Assistant Surgeon(General) with Speciality Qualification in Obstetrics and Gynaecology for Direct Recruitment in Tamil Nadu Medical Services upon submission of all relevant documents along with Tamil Nadu Medical Council Registration Certificate after considering the representation of petitioner dated 14.03.2026 in accordance with law and on merits expeditiously within a stipulated time frame to be fixed by this Court.

2. The case of the petitioner is that she completed her M.B.B.S. in the year 2019 and duly registered with Tamil Nadu Medical Council. She subsequently joined M.S.(Obstetrics and Gynaecology) Postgraduate Course at Thanjavur Medical College in the year 2021 batch. Owing to maternity reasons, she was unable to pursue the course from 01.07.2023 to 07.08.2024, which period was treated as condonation. Thereafter, she rejoined the course on 08.08.2024 and successfully completed the M.S. final examination conducted by the Tamil Nadu Dr.M.G.R. Medical University in October, 2025, and obtained the provisional certificate. However, the official date of course completion is 30.03.2026.

3. In the meantime, the 2nd respondent issued a Notification dated

18.12.2025 for recruitment to the post of Assistant Surgeon (General). The petitioner applied, appeared for the examination and secured 73 marks, being placed in the rank list. She was called for certificate verification on 24.02.2026.

However, her name was not included in the provisional selection list published for appointment, despite her eligibility, while similarly placed candidates were included. Hence, she has submitted a representation on 14.03.2026 before the first respondent, however, the same has not been considered till date. Aggrieved by the non-inclusion of her name in the provisional selection list and the denial of appointment, the petitioner has approached this Court seeking appropriate relief.

4. Per contra, the learned counsel for the respondents submitted that as per the Notification dated 18.12.2025, the petitioner has not possessed the requisite qualification as on the date of notification or on the last date for submission of applications and therefore, her candidate was not considered by the 1st respondent.

5. Heard the learned counsel appearing

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