S.Theerthagiri vs C.Muthukumaran

2026:MHC:3182
W.A.No.2131 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.07.2026
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR
W.A.NO.2131 OF 2026
AND
CMP NO.18478 OF 2026
S.Theerthagiri … Appellant
Vs.
1.C.Muthukumaran
2.E.Raghul
3.The State of Tamil Nadu
Rep. By its Principal Secretary to Government
Health and Family Welfare (L1) Department
Fort St. George, Chenani – 600 009.
4.The Director
Directorate of Public Health and Preventive Medicine
No.359, Anna Salai,
Teynampet, Chennai – 600 006.
5.Medical Service Recruitment Board
Rep. By its Member Secretary
th
7 Floor, No.359, Anna Salai,
DMS Buildings, Teynampet,
Chennai – 600 006.
6.Crime Branch Criminal Investigation
Department (CBCID)
Represented by Additional Director General
of Police (ADGP)
No.220, Pantheon Road,
Egmore, Chennai – 600 008. … Respondents
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W.A.No.2131 of 2026
PRAYER : Writ Appeal filed under Clause 15 of Letters Patent praying to set
aside the order dated 07.07.2026 passed in W.P.No.25480 of 2026.
For Appellant : Mr.S.Janarthanan
for Mr.S.Kasirajan
For Respondents - 1&2 : Mrs.C.Uma
For Respondents - 3, 4 & 6: Mr.P.V.Bala Subramaniam
Additional Advocate General
For Respondent - 5 : Mr.S.J.Mohamed Sathik
Standing Counsel for
Medical Service Recruitment Board
J U D G M E N T
(Judgment of the Court was made by S.M.Subramaniam J.)
The present intra Court appeal has been instituted under Clause
15 of the Letters Patent, challenging the writ order dated 07.07.2026 passed
in W.P.No.25480 of 2026. The appellant was not a party to the writ
proceedings and by securing leave from this court, he filed the present intra
Court appeal on the ground that he was also a candidate participated in the
process of selection.
2.The Medical Service Recruitment Board issued recruitment
Notification on 27.10.2025 inviting applications from the eligible candidates for
direct recruitment to the post of Health Inspector Grade – II. 1429 vacancies
were notified. The appellant applied and participated in the selection process.
Serious complaints of large-scale irregularities and organised malpractices
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emerged from various examination centres across the State. The allegations
included the use of mobile phones by candidates inside the examination halls,
invigilators actively assisting candidates by providing answers through mobile
phones, failure to maintain mandatory examination protocols, lack of effective
supervision, violation of prescribed seating arrangements and discipline etc.
3.The State ordered an investigation by the Crime Branch-
Criminal Investigation Department (CBCID). The Police Officials launched
investigations and collected material evidences from 84 examination centres
across 35 Districts. They are in the process of examining the materials
collected to proceed further with the case. However, during the course of the
investigation, they found that the irregularities were mainly identified in one
examination centre alone. The status report dated 07.07.2026 filed by the
Investigation Officer / Deputy Superintendent of Police, Thanjavur Range,
Thanjavur, states as follows:
“15.It is humbly submitted that, the said Writ Petition
was disposed of on 24.02.2026, whereby this Hon’ble
Court directed that the investigation in Crime No.10 of
2026, then pending on the file of Vallathirakottai Police
Station, be transferred to the CBCID for further
investigation. The respondents were also directed to
preserve the CCTV footage pertaining to all examination
centres and hand over the same to the CBCID for the
purpose of investigation.
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16.It is humbly submitted that, the case was
re-registered at CBCID on 13.04.2026 at 16:45 hrs. and
taken up for investigation by Deputy Superintendent of
Police, Tr. D.Ashok, CBCID, Trichy Range, Trichy. The IO
Visited the SOC, prepared rough sketch in the presence of
the witnesses. A Special Team was constituted under the
supervision of the Investigation Officer, comprising 4
Inspectors, 3 Sub-Inspectors, and 15 other personnel, for
the purpose of analyzing CCTV footage.
(i) It is humbly submitted that, the
Complainant, Tr. Sadhasivam(AO), the
Principal MNSK College Tr.Mayilvaganan,
Invigilators Selvi. Ilavarasi, Selvi.Sudha,
Tmt.Priyanka, Selvi. Vasuki, Selvi. Ragini,
Tmt.Hemalatha, Tr.Nagarajan, Tr.Ramkumar,
Security and Housekeeping were examined
and their statements were recorded. DEXIT
Area Assistant Administrator Tr.Ashokraj was
examined and his statement was recorded.
(ii) CDR, CAF, and IPDR data obtained for
mobile numbers of accused Madhanraj,
Narasimman, Tamilarasan, Satheeskumar,
Kannan and Hariprakash and analysis of the
same is under process. During the CCTV
analysis, it was found that, the cell phones of
the said persons were handed over by the
accused/invigilators to the said applicants to
facilitate copying and malpractice during the
examination held on 07.12.2025.
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(iii) So far, 57 witnesses including the
candidates who appeared for the examination
at MNSK Engineering College conducted on
07.12.2025 have been examined and recorded
their statements. The documents from MSRB
such as exam notification, Candidates’
application, Examination centre list,
invigilators’ details pertaining to the
examination centre, centre allotment order,
Answer response sheet-soft copy, Exam result
data, official agreement and correspondence
between MSRB and DEXIT, Candidates’
details with examination centre, seating
allocation and attendance Register of each
centre and other relevant documents were
collected and perused. Documents such as
exam hall video clippings, venue manpower
attendance sheet and other documents
relating to the exam were collected and
perused.
(iv) CCTV footage pertaining to all 84
examination centres across 35 districts was
collected from the MSRB through the proper
channel and analysed. The examination of
witnesses and scrutiny of the documents
collected revealed that, at MNSK Engineering
College, Vallathirakottai, Pudukkottai, four
examination halls had initially been arranged
for conducting the examination in online mode.
However, due to a network failure, the
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computer systems allotted to 14 candidates
became inoperative. Consequently, the said
candidates were shifted to Ground Floor, Hall
No.5 (Lab-1), where additional computer
systems had been kept for emergency use, to
enable them to continue the examination.
(v) The investigation further revealed that, due
to the absence of sufficient invigilators, certain
third-year students of the said college were
nominated to perform invigilation duties.
However, such nomination was made without
obtaining the requisite ratification from the
MSRB.
(vi) Accordingly, Madhanraj and Narasimman,
both third-year students of the said college,
were assigned invigilation duties on the ground
floor. During the examination conducted
between 09:30 a.m. and 12:45 p.m., they
facilitated the commission of malpractice by
the candidates/accused, namely Tamilarasan,
Satheesh Kumar, Kannan, and Hariprahash,
by providing them a mobile phone for the
candidates’ use at the time of examination.
Further, they knowingly permitted the
candidate/accused Tamilarasan to use his own
mobile phone inside the examination hall
during the course of the examination, thereby
aiding and abetting the commission of
examination malpractice.
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(vii)The analysis of the Internet Protocol Detail
Records (IPDR) revealed that the Internet/Web
services were accessed in the mobile phones
of the accused Narasiman, Madhanraj, and
Tamilarasan during the examination hours,
from 09:46 a.m. onwards. Further, the analysis
of CCTV footages, in Hall No.5 (Lab-1) of the
said college, it is ascertained that the
invigilators Narasiman and Madhanraj handed
over the mobile phone to the
candidate/accused Kannan at 11:58:16 a.m.,
thereby facilitating and abetting the
commission of examination malpractice and
enabling the said candidate to write the
examination by adopting unfair means.”
4.The status report filed by the Investigation Officer / Deputy
Superintendent of Police, Thanjavur Range, Thanjavur, would show that
during the preliminary investigation, the Authorities found that irregularities
were identified in respect of a centre at MNSK Engineering College,
Vallathirakottai, Pudukkottai. However, they are in the process of continuing
the investigation by examining the CCTV footage and other evidences
collected.
5.The learned Additional Advocate General would submit that due
to dearth of Health Inspectors in the Public Health Department, the State is
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unable to implement the Health Schemes for the welfare of the public. Large
number of vacancies are to be filled up for effective implementation of Health
Schemes introduced by the Medical Department. They have proceeded with
the selection process, since there is no allegation or irregularity established in
respect of all other Centres across the State except one centre. In respect of
the tainted centre, 14 candidates had appeared for the examination. Out of
which, four candidates were debarred, four candidates qualified and were
provisionally selected, and the remaining six candidates were unsuccessful.
Thus, only four candidates from the tainted centre were provisionally selected.
Their selection and any consequential appointments shall, however, be
subject to the outcome of the investigation being conducted by the Crime
Branch-Criminal Investigation Department (CBCID). The details regarding the
candidates who have involved in the irregularities are stated as follows:
Sl.
No.
Registration
Candidate Name Remarks
Number
1 MRBHI25006870 MADHANKUMAR S Not qualified in Tamil Eligibility Test
2 MRBHI25013190 SRINIVASAN M Selected Provisional Selection list
Sl.No.570
3 MRBHI25014945 NAGASUDHARSAN V Not qualified in Tamil Eligibility Test
4 MRBHI25007233 MANISEKARAN N Selected Provisional Selection list
Sl. No.1315
5 MRBHI25000640 NEHEILARVIND JK Not called for certificate verification
6 MRBHI25015789 ABIDOSS M Not qualified in Tamil Eligibility Test
7 MRBHI25011405 MURUGAN M Selected Provisional Selection List
Sl. No.1317
8 MRBHI25003858 KARTHIKEYAN N Not called for certificate verification
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9 MRBHI25007214 HARIHARAN R Not called for certificate verification
10 MRBHI25014882 KANNAN M Not qualified in Tamil Eligibility Test
( Debarred )
11 MRBHI25013270 SATHISHKUMAR K Selected Provisional Selection List
Sl.No.12 ( Debarred )
12 MRBHI25013202 TAMILZHARASAN R Selected Provisional Selection List
Sl.No.19 ( Debarred )
13 MRBHI25013550 SAHUL HAMMED M Selected Provisional Selection List
Sl.No.18
14 MRBHI25014370 HARIPRAKASH S Called for certificate verification but
ineligible (Institution not eligible as
per the notification) ( Debarred )
6.The learned Additional Advocate General would further submit
that even in the disputed centre, out of 14 candidates, four candidates were
de-barred since they were actively committed irregularities, which were
noticed / detected by the Investigation Officers through CCTV footage and
other evidences. Since there is no evidence or materials available in respect
of 10 candidates, four candidates were selected and six remained
unsuccessful.
7.This Court is of the considered view that the principles
governing a selection process are that, during the conduct of examination or
interview etc., if the entire selection is found to be tainted, then the Courts
have no other option, but to set aside the selection in its entirety. If the tainted
candidates are able to be identified in competitive examinations, then tainted
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candidates alone are liable to be debarred and the entire selection need not
be cancelled. Selection for the public posts are conducted by following
procedures. On account of certain irregularities, in a particular centre, by few
candidates, the rights of all other candidates against whom no allegations
have been established, need not be made as victims. Though the
investigations are in progress, the status report filed by the CBCID would
show that so far they could be able to identify irregularities in one centre and
even in that centre, four candidates committed certain irregularities, which
were identified. Thus, the Authorities debarred those four candidates and in
respect of other ten candidates, six candidates were unsuccessful and four
candidates were selected.
8.Pertinently, the proceedings of the Competent Authority
appointing the Health Inspectors clearly stipulate that the appointments made
pursuant to the provisional selection list are subject to the final outcome of the
criminal investigation being conducted by the Crime Branch Criminal
Investigation Department (CBCID).
9.In view of the fact that the selection process had been
concluded in all respects and the selected candidates were appointed, no
further interference by this Court is required. As far as the investigation by the
CBCID is concerned, it is in progress and the status report filed before this
Court would show that except one centre, no serious irregularities have been
so far identified. Further, the appointment orders have been issued subject to
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the final outcome of the investigation being conducted by the Crime Branch-
Criminal Investigation Department (CBCID).
10.Pertinently, the appellant before this Court is an unsuccessful
candidate and not selected.
11.In view of the facts and circumstances, the impugned order
dated 07.07.2026 passed in W.P.No.25480 of 2026 stands modified as
follows:
(i) The Crime Branch Criminal Investigation
Department (CBCID) shall proceed with the
investigation in all respects and conclude the same as
expeditiously as possible.
(ii) In the event of any irregularity, illegality, or
malpractice in the selection process, the Police
Authorities as well as the Departmental Authorities are
directed to initiate all appropriate actions against the
candidates found to have indulged in such illegalities,
irregularities, or malpractices.
(iii) All the appointments made pursuant to the
selection are subject to the final outcome of the
criminal case.
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12.With the above directions, the writ appeal stands disposed of.
However, there shall be no order as to costs. Consequently, connected Civil
Miscellaneous Petition is closed.
[S.M.S., J.] [N.S., J.]

24.07.2026
Index : Yes
Speaking Order : Yes
Neutral Citation : Yes
TK
To
1.The Principal Secretary to Government
Government of Tamil Nadu
Health and Family Welfare (L1) Department
Fort St. George, Chenani – 600 009.
2.The Director
Directorate of Public Health and Preventive Medicine
No.359, Anna Salai,
Teynampet, Chennai – 600 006.
3.The Member Secretary
Medical Service Recruitment Board
th
7 Floor, No.359, Anna Salai,
DMS Buildings, Teynampet,
Chennai – 600 006.
4.The Additional Director General of Police (ADGP)
Crime Branch Criminal Investigation Department (CBCID)
No.220, Pantheon Road,
Egmore, Chennai – 600 008.
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W.A.No.2131 of 2026
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W.A.No.2131 of 2026
S.M.SUBRAMANIAM, J.
AND
N.SENTHILKUMAR, J.
TK
W.A.NO.2131 OF 2026

24.07.2026
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