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2026 Supreme(Online)(Mad) 95683
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-09-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN WA Nos. 1039 & 1040 of 2024 AND CMP Nos. 7449 & 7454 of 2024 CNR:{HCMA010502062024}
WA No.1039 of 2024 Dr.S. Venkiteshwaran ..Appellant(s)
Vs
1. Director Of Medical Services and Rural Health Services, Chennai 600 006.
2. The Director of Public Health and Preventive Medicine, Chennai 600 006.
3. The Joint Director of Health Services Kanyakumari District.
..Respondent(s)
WA No. 1040 of 2024 CNR:{HCMA010502072024}
Dr.G.Kolappan ..Appellant(s)
Vs
1. Director Of Medical Services and Rural Health Services, Chennai 600 006.
2. The Director of Public Health and Preventive Medicine, Chennai 600 006.
3. The Joint Director of Health Services Kanyakumari District.
..Respondent(s)
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 12.01.2024 in WP.No. 12738/2022 and allow the writ appeal as prayed for.
WA No. 1040 of 2024 PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 12.01.2024 in WP.No. 12745/2022.
In both cases For Appellant(s): Mrs.A.L.GANTHIMATHI, Senior Counsel for MR.L.Palani Muthu For Respondent(s): Mrs.Y.Kavitha Additional Government Pleader
COMMON JUDGMENT
(Judgment of the Court was delivered by S.M.Subramaniam J.)
The writ petitioners are the appellants. The common writ order dated 12.01.2024 came to be challenged in the present writ appeals.
2.The appellants were appointed as Assistant Surgeon in Health Department. They were posted under the Directorate of Medical and Rural Health Services. On administrative exigencies and to provide better medical facilities to the citizens residing in rural areas, Directorate of Medical and Rural Health Services released certain Doctors to the Directorate of Public Health and Preventive Medicine to issue posting orders. In this regard, a circular was issued by the Directorate of Medical and Rural Health Services on 06.05.2022. The said circular came to be challenged by way of writ petitions. The writ petitions were dismissed. Thus, the present writ appeals.
3.The learned Senior Counsel for the appellants would mainly contend that the appellants are working long years under the Directorate of Medical and Rural Health Services and therefore, the circular dated 06.05.2022, if implemented, they will be dislocated from the Directorate of Medical and Rural Health Services to the Directorate of Public Health and Preventive Medicine.
4.This Court is of the considered view that the circular dated 06.05.2022 was issued on administrative grounds. It is the policy decision of the Department to release some of the Doctors from Directorate of Medical and Rural Health Services to the Directorate of Public Health and Preventive Medicine, in order to provide medical services to the people residing in the rural areas. It is purely an administrative affair in order to provide effective and efficient medical facility to the people residing in urban and rural areas. Therefore, such policy decisions taken without affecting the service condition of the Doctors are not amenable to the writ jurisdiction under Article 226 of the Constitution of India.
5.Pertinently, none of the service conditions of the appellants are violated. Their seniority is also protected. Since there is no violation of service conditions and no prejudice is caused to their services in the Government, the challenge made against the circular dated 06.05.2022 was rightly rejected by the Writ Court. By virtue of an interim order in the appeals, the appellants have already continued for a considerable length of time i.e., for about four years. That being so, this Court is not inclined to grant any further relief or otherwise, for which the appellants are not entitled.
6.Consequently, the writ appeals stand dismissed. No costs. Connected miscellaneous petitions are also closed.
