Madras High Court

WP/15568/2022 of Rukmani Vs The Director on 16 October 2026

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WP No. 15568 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

WP No. 15568 of 2022

CNR: {HCMA010632502022}

Rukmani

W/o. Gunasekaran, No. 28, Muthu Kamatchi Amman Thottam, North 4th Cross street, Chidambaram, Cuddalore District 608 001

..Petitioner(s)

Vs

1. The Director

Public health and Preventive medicine,

Teynampet, Chennai 600 006

2. The Director (Tranining)

Public health and Preventive Medicine,

Teynampet, Chennai 600 006

3. The Deputy Director of health services, Cuddalore and Villupuram, At cuddalore -1

4. The Block Medical officer

Government Primary health Center,

krishnapuram post Bhuvanagiri Taluk,

Cuddalore District

..Respondent(s)

Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the Respondents 1, 2 and 3 to consider the representation of the petitioner dated 23.3.1999 and subsequent representations dated 18.10.2021.

For Petitioner(s):

T.Sivaganasambandam

M.L.Ravi

For Respondent(s):

Mr.S.Ilamvaludhi, Spl.GP

WP No. 15568 of 2022

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ORDER

The writ petition has been filed seeking a mandamus to direct the respondents 1 to 3 to consider the representations of the petitioner dated 23.03.1991 and 18.10.2021.

The petitioner, in her representations, sought for her promotion to the post of Female Nurse Assistant.

The learned Special Government Pleader appearing for the respondents submitted that the petitioner was appointed as Cook-cum-Waterman on 10.04.1991 at the Government Primary Health Centre, Manimutharu river Dam, near Kallakurichi and later, she was transferred to the Primary Health Centre at Sethiathope, Cuddalore. On 08.05.1993, her services was regularised. It is the specific case of the learned Special Government Pleader that the qualification of the petitioner is ‘’SSLC fail’’, whereas, for the post of Female Nurse Assistant, the required qualification is ‘’SSLC Pass’’, and since the petitioner did not qualify, she cannot seek for a mandamus for her promotion.

However, the learned counsel for the petitioner submitted that if the candidate fails to meet the minimum educational or training criteria, the appointing authority will legally pass over them to select the next senior person who does possess the qualifications.

WP No. 15568 of 2022

I have given anxious consideration to the submissions made on either side and also perused the materials placed on record.

It is well settled proposition of law that promotion is not a matter of right, however, consideration for promotion, is a matter of right. According to the respondents, the requisite qualification for the post of Female Nurse Assistant is ‘’SSLC Pass’’, whereas admittedly, the petitioner is ‘’SSLC Fail’’. Therefore, as rightly contended by the learned Special Government Pleader, the petitioner cannot seek for promotion as she is otherwise not qualified. Furthermore, it is relevant to mention that the petitioner was also permitted to retire on 30.04.2017.

Therefore, in view of the above reason, this Court finds no merit in the writ petition and accordingly, the same is dismissed. No costs. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AP To

1. The Director Public health and Preventive medicine, Teynampet, Chennai 600 006

2. The Director (Tranining) Public health and Preventive Medicine, Teynampet, Chennai 600 006

3. The Deputy Director of health services, Cuddalore and Villupuram, At cuddalore -1

4. The Block Medical officer Government Primary health Center, krishnapuram post Bhuvanagiri Taluk, Cuddalore District

WP No. 15568 of 2022

C.KUMARAPPAN, J. AP WP No. 15568 of 2022 16-10-2026

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