DR.YUASHREE vs THE STATE OF TAMIL NADU

Court
Madras High Court

WP No. 41032 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
WP No. 41032 of 2026
CNR:{HCMA012344902026}
and
WMP No. 46029 of 2026
Dr.Yuashree
D/o.Subbiah.K,
Block A 605,
Casagrand Cresendo, Melayanambakkam,
Mogappair, Chennai- 095.
..Petitioner(s)
Vs
1. The State of Tamil Nadu
Rep by its Principal Secretary to Government,
Health and Family Welfare Department,
Fort St. George, Secretariat,
Chennai-09.
2. Medical Services Recruitment Board
Rep by its Member Secretary,
7th Floor, DMS Building,
No.359, Anna Salai,
Teynampet, Chennai-06.
3. The Director of Public Health and Preventive
Medicine, DMS Complex,Teynampet,
Chennai-06.
4. Tamil Nadu Medical Council
Rep by its Registrar,
No.959 and 960, Poonamallee High Road,
Purasaiwakkam, Chennai-084.
5. The National Medical Commission
Rep by its Joint Secretary
Pocket -14, Sector- 8,Dwarka,
New Delhi-110077
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WP No. 41032 of 2026
..Respondent(s)
Calling for the records relating to the impugned proceedings
passed by the of the 2nd Respondent L.Dis. No.1798/ MRB / E2/ 2026 dt
15.6.2026 rejecting the petitioners representation on the ground that the
petitioners qualification is not the prescribed qualification for the Geriatric
Specialty, quash the same as being arbitrary, illegal, and contrary to Clause
6B (iv) of Notification No.22 /MRB / 2025 dated 18.12.2025, and
Consequently direct the respondents to consider the petitioners Diploma in
Family Medicine (DFM ) (NBE) under Clause 6B of the said notification as
an equivalent postgraduate qualification for the post of Assistant Surgeon
(General) with Specialty qualification -Geriatrics, and Consequently appoint
the petitioner to the said post, if otherwise found eligible within such time as
may be fixed by this Honble court.
WP No. 41032 of 2026
For Petitioner(s): M/S.HSR ADVOCATES AND LEGAL
CONSULTANTS
for Mr.HARISH KUMAR
For Respondent(s): Mr.R.Nandha Kumar, AGP for
R1, 3 and R4
Mr.M.LOGANATHAN, LEARNED COUNSEL
FOR R2
NA for R5
Order
Heard learned counsel for the petitioner and Mr.M.Loganathan, learned
Standing Counsel Respondent No.2. and Mr.R.Nandakumar, learned
Additional Government Pleader for respondent Nos.1,3 &4.
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WP No. 41032 of 2026
2.Petitioner herein participated in the recruitment process in response to
nd
the notification issued by the 2 respondent vide No.22/MRB/2025 dated
18.12.2025 for the post of Assistant Surgeon(General) with Specialty
qualification Geriatrics under SC category. However, the petitioner could not
make it to the selection list. Pursuant to the above, the selection was finalised
by the respondent Board on 11.03.2026. It was at that stage, the petitioner
nd
approached the 2 respondent by submitting the representation dated
14.05.2026 requesting for information for not selecting the petitioner for the
nd
post in question. In response thereto, the 2 respondent issued the proceedings
in LDs.No.1798/MRB/E2/2026 dated 15.06.2026 informing the petitioner that
the petitioner failed to satisfy the qualifications prescribed under the
notification for the post of Assistant Surgeon(General) with Speciality
Geriatrics in term of paragraph 6 B(iv) of the notification. Aggrieved by the
said proceedings dated 15.06.2026, the petitioner has approached this Court
by filing the present writ petition.
3. Learned counsel for the petitioner contends that the petitioner is
having equivalent qualification to the qualification that was prescribed under
Paragraph 6 B of the notification in question, but the candidature of the
petitioner was erroneously rejected. Learned counsel for the petitioner
submits that the petitioner is having MBBS qualification which is the basic
qualification prescribed for the post in question and in addition to that the
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WP No. 41032 of 2026
petitioner is also possessing the additional qualification viz., Diploma in
Family Medicine. He further submits that the persons in possession of a
Diploma in Family Medicine, is eligible to treat persons in all ages and
whereas Diploma in Geriatrics is specialised to treat only elderly persons.
Thus, he contends that the petitioner, who is possessing additional
qualification of Diploma in Family Medicine, is eligible to treat even the
elderly people and therefore that should be treated as an equivalent to the
qualification that was prescribed under the notification in question. He further
submits that the petitioner was temporarily appointed as Assistant Surgeon
under category II of Call I of Tamil Nadu Medical Service in a sanctioned
post by treating the qualification possessed by the petitioner as equivalent to
rd
DNB Family Medicine. Thus, he contends that 3 respondent have already
treated the qualification possessed by the petitioner as equivalent to DNB
nd
(Family Medicine) and therefore it is not open for the 2 respondent herein to
disqualify the petitioner on the said ground.
4. On the other hand, Mr.M.Loganathan learned Standing counsel
appearing for the respondent No.2, on instruction, submits that the selection,
pursuant to the impugned notification, was finalised as early as on 11.03.2026
and the petitioner has approached this Court belatedly without even
challenging the said selection. He also further submits that the petitioner has
secured 51 marks in the selection process and whereas the last candidate
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WP No. 41032 of 2026
selected under SC category, to which the petitioner belongs to, has secured 63
marks. Thus, he submits that even if the qualification possessed by the
petitioner is treated as equivalent to the qualification prescribed under
paragraph 6 B of the qualification in question, the petitioner will not come up
for selection and therefore, there is no purpose in going into the issues raised
in the present writ petition.
5. He also further submits that Diploma in Family Medicine (DFM)
is not one of the additional qualification prescribed under the notification in
question and the Diploma in the respective speciality is the qualification that
was prescribed and therefore in the absence of any such Diploma possessed
by the petitioner in the speciality of Geriatrics, treating the petitioner as equal
to these candidates possessing the requisite qualification does not arise.
6. This Court has carefully considered the submission made on
either side and also perused the materials on record.
7. In terms of paragraph 6 B of the notification in question, the
qualification that are prescribed for the post in question are as under:
“MBBS qualified Medical Officers possessing
additional qualification to the extent of
MD/MS/DNB/Diploma/Diploma in DNB/
Superspeciality (MCH) in the respective specialities.”
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WP No. 41032 of 2026
8. From the perusal of the above, it is amply clear that the additional
qualification that is required to be possessed by any candidate is Diploma in
the respective speciality. Admittedly, in the instant case the petitioner is not
possessing the Diploma in Geriatrics, the speciality to which the petitioner has
applied. Whether the Diploma in Family Medicine can be treated as
equivalent to the Diploma in Geriatrics or not, is not for this Court to examine
nor is it open for the respondent Board to examine the said aspect. It is for the
petitioner to produce the relevant orders on equivalence of the qualification
possessed by the petitioner to that of the qualification prescribed under the
notification. No such orders on equivalence is placed before this Court or
before the respondent Board. In the absence of the same, the question of
petitioner being treated as the person possessing the qualifications notified
under the notification or the qualification equivalent does not arise.
9. In the circumstances, this Court does not find any error or
nd
illegality in the impugned proceedings issued by the 2 respondent Board. Be
that as it may, as submitted by the learned Standing counsel appearing for the
respondent Board, the petitioner has secured only 51 marks as against the last
selected candidate who secured 63 marks under SC category. In view of the
same, even if the contention of the petitioner is accepted, the case of petitioner
cannot be considered for further selection process. On this ground also, the
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WP No. 41032 of 2026
writ petition is liable to be dismissed. Added to that, the learned counsel
submitted that the entire selection process was over by 11.03.2026 and none
of the selected candidates have been impleaded as party respondents to the
writ petition. In the absence of impleading the selected candidates, the
question of granting any relief to the petitioner, as sought for in the present
writ petition, does not arise.
10. In the light of the above, this Court does not see any reason to
entertain the writ petition and accordingly the writ petition is dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
27-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
vsn
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WP No. 41032 of 2026
To
1. The State Of Tamil Nadu
Rep by its Principal Secretary to Government,
Health and Family Welfare Department,
Fort St. George, Secretariat,
Chennai-09.
2. Medical Services Recruitment Board
Rep by its Member Secretary,
7th Floor, DMS Building,
No.359, Anna Salai,
Teynampet, Chennai-06.
3. The Director of Public Health and Preventive
Medicine, DMS Complex,Teynampet,
Chennai-06.
4. Tamil Nadu Medical Council
Rep by its Registrar,
No.959 and 960, Poonamallee High Road,
Purasaiwakkam, Chennai-084.
5. The National Medical Commission
Rep by its Joint Secretary
Pocket -14, Sector- 8,Dwarka,
New Delhi-110077
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WP No. 41032 of 2026
MUMMINENI SUDHEER KUMAR J.
vsn
WP No. 41032 of 2026
AND
WMP NO. 46029 OF 2026
27-10-2026
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