01Facts
The Medical Services Recruitment Board issued a notification dated 27 October 2025 for direct recruitment to 1,429 posts of Health Inspector Grade–II. The appellant participated in the selection but was unsuccessful.
¶ 2–3Allegations of widespread examination malpractice—including use of mobile phones, assistance by invigilators, and violations of examination protocols—led to a CBCID investigation.
¶ 2–3The investigation covered CCTV footage and other material from 84 examination centres across 35 districts.
¶ 2–3Preliminary findings identified substantial irregularities at MNSK Engineering College, Vallathirakottai, Pudukkottai, particularly in Hall No. 5, where certain student-invigilators allegedly supplied mobile phones to candidates and enabled malpractice during the examination.
¶ 2–3At that centre, four candidates were identified and debarred; four candidates were provisionally selected, while the remaining six were unsuccessful.
¶ 5–6The appointments made pursuant to the provisional selection list were expressly made subject to the final outcome of the CBCID investigation.
¶ 8The appellant, who was not a party to the writ proceedings, obtained leave and challenged the order dated 7 July 2026 in W.P. No. 25480 of 2026.
¶ 102Issues
i.Whether the alleged malpractice at one examination centre required cancellation of the entire State-wide selection process for Health Inspector Grade–II posts.
¶ 4, 7–9ii.Whether the selection and appointments of candidates could be permitted to continue while the CBCID investigation remained pending.
¶ 8–11iii.Whether an unsuccessful candidate had any basis to seek interference with the completed selection process in the absence of established malpractice affecting the selection as a whole.
¶ 9–1003Law Applied
Where an entire recruitment or examination process is demonstrably tainted, the selection may be annulled in its entirety; however, where the tainted candidates and the extent of malpractice can be identified, action may be confined to those candidates and the selections of unaffected candidates need not be cancelled.
¶ 7Innocent candidates should not be made victims of isolated irregularities for which no misconduct is established against them.
¶ 7Appointments may be permitted subject to the outcome of a pending criminal investigation, with appropriate departmental and criminal action to follow if illegality or malpractice is subsequently established.
¶ 8, 1104Reasoning
The CBCID had collected and analysed material from all 84 centres, but had, at the relevant stage, identified serious irregularities only at MNSK Engineering College.
¶ 3–4, 9Even at that centre, the investigation had identified four candidates who had actively participated in malpractice, while no material had been shown against the other ten candidates; of those ten, six were unsuccessful and four were selected.
¶ 5–7Applying the distinction between a wholly tainted selection and an otherwise valid selection involving identifiable tainted candidates, the Court held that cancellation of the entire recruitment would unjustifiably prejudice candidates against whom no allegations had been established.
¶ 7The Court also considered the State’s asserted need to fill vacancies in the Public Health Department, but preserved the integrity of the process by making all appointments conditional upon the final outcome of the CBCID investigation.
¶ 5, 8–905Holding
The Court declined to cancel the entire selection process or interfere with the appointments.
¶ 11–12It modified the order under challenge and directed the CBCID to complete its investigation expeditiously.
¶ 11–12If any irregularity, illegality, or malpractice is established, the police and departmental authorities were directed to initiate appropriate action against the responsible candidates.
¶ 11–12All appointments made pursuant to the selection were made subject to the final outcome of the criminal case.
¶ 11–12The writ appeal was disposed of without costs, and the connected miscellaneous petition was closed.
¶ 11–12Original Court PDF
S.TheerthagirivsC.Muthukumaran
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