WP(MD)/28378/2026 of J.Mari Serlvi Vs The Secretary to Government on 5 October 2026

COMMON ORDER

The petitioners before this Court possess a Diploma in General Nursing and Midwifery (GNM) and a B.Sc. (Nursing), respectively. They have filed these Writ Petitions challenging G.O.(Ms.)No.258, Health and Family Welfare (EAP.II/2) Department, dated 11.09.2026, and the Circular issued by the Mission Director, National Health Mission – Tamil Nadu, in R.C. No.11012724/A4/NHM/2025, dated 11.09.2026.

2. By the impugned Circular, the Mission Director, National Health Mission – Tamil Nadu, instructed the District Health Societies regarding the revised terms of reference and scoring criteria for the recruitment of Staff Nurses on a contractual/temporary basis under the National Health Mission. By G.O.(Ms.)

No.258, Health and Family Welfare (EAP.II/2) Department, dated 11.09.2026, the Government issued additional terms of reference for the selection of Staff Nurses on a contractual/temporary basis under the National Health Mission.

3. The submissions of the learned Senior Counsel appearing for the petitioners in W.P.(MD) No.28724 of 2026 are summarised as follows:

(i) The Government, while engaging qualified Staff Nurses, ought not to restrict their appointments to temporary and contractual employment.

(ii) Reliance was placed on the judgment of the Hon'ble Supreme Court in Jaggo v. Union of India and Others, in SLP No.5580 of 2024, dated 20.12.2024, to contend that the Government must act as a model employer and should not engage workers on a temporary basis. Reliance was also placed on the judgment of the Hon'ble Supreme Court in Secretary, State of Karnataka v. Umadevi and Others, reported in (2006) 4 SCC 1 in this regard. According to the learned Senior Counsel the mode of appointing Staff Nurses on a temporary and contractual basis is contrary to the principles laid down by the Hon'ble Supreme Court.

(iii) The impugned Circular restricts each candidate from applying for more than three districts, which, according to the learned Senior Counsel, is contrary to the constitutional principles embodied under Article 16(2) of the Constitution of India.

(iv) Staff Nurses perform essential duties in Government hospitals, Primary Health Centres and other Government institutions, directly attending to the healthcare needs of patients. Their engagement on a temporary basis on consolidated pay may affect accountability and responsibility and, consequently, the quality of medical services provided by the Government.

4. The submissions of the learned counsel appearing for the petitioners in W.P. (MD) No.28378 of 2026 are summarised as follows:

(i) The petitioners possess the requisite qualification for the post of Staff Nurse. The petitioners 1 to 3 have been serving as Urban Health Nurse at Pettai Urban Primary Health Centre from 12.05.2022, 05.06.2023 and 22.04.2023 respectively. They have been working on a meagre consolidated salary of Rs.14,000/- per month, in the hope that their services would eventually be regularised. By issuing the impugned Circular and Government Order, the Government proposes to recruit Staff Nurses once again on a temporary and contractual basis, thereby affecting the petitioners’ prospects of securing regular employment.

(ii) The first petitioner has also rendered services during the COVID-19 pandemic. However, the respondents have neither recognised her services nor awarded any weightage marks for such experience in the selection process.

5. The learned Additional Advocate General appearing for the Health Department submitted that the selection process contemplated under the impugned Circular and Government Order is intended to recruit Staff Nurses on a contractual basis under the National Health Mission – Tamil Nadu. According to him, the National Health Mission was launched by the Government of India in 2005 to provide healthcare facilities to the rural population. The main objectives of the Mission are to reduce the infant mortality rate and maternal mortality ratio in rural areas and to prevent and control communicable and non- communicable diseases in such areas.

6. The learned Additional Advocate General further submitted that, although the Mission was initially launched for a period of seven years, it has been extended periodically depending upon the requirements. The Mission was extended from April 2021 to March 2026 and has since been extended further. Under the Mission, State Health Societies were established in the respective States where the scheme was implemented. Accordingly, the State Health Society – Tamil Nadu was established and registered under the Tamil Nadu Societies Registration Act, 1975.

7. The learned Additional Advocate General submitted that, in accordance with the guidelines issued by the Ministry of Health and Family Welfare, the Government framed the Memorandum of Association and By-laws of the State Health Society, providing for a Governing Body and an Executive Committee. The Hon'ble Minister for Health is the Chairman of the Governing Body, and the Project Director is the Convenor of the State Health Mission. The Society is governed by separate rules and regulations, namely, the Rules and Regulations of the State Health Society, Tamil Nadu, 2006.

8. The learned Additional Advocate General further submitted that, under the By-laws of the State Health Society, appointments to the Society are made from the open market and are on a contractual basis for a fixed tenure. In accordance with the guidelines issued by the Government of India, District Health Societies have also been constituted under the administrative control of the State Health Society. These District Health Societies function as independent and autonomous authorities vested with executive and convening powers at the district level.

9. The learned Additional Advocate General submitted that the funds for the Mission are shared between the Central Government and the State Government in the ratio of 60:40. Referring to Clause 12.1 of the Memorandum of Understanding for Extension of National Health Mission (from 1st April 2021 to 31st March 2026) he contended that, since the Mission is not a permanent programme, human resources under the Mission can be engaged only on a contractual or outsourced basis. Therefore, according to him, the procedure prescribing scoring criteria for the recruitment of Staff Nurses on a contractual/temporary basis through the District Health Societies is in accordance with the scheme and its rules, and the petitioners cannot equate such engagement with regular appointments.

10. He also clarified that there are 19,610 sanctioned regular posts of Staff Nurses in the State of Tamil Nadu, of which all but 337 have been filled. He further submitted that 12,456 Staff Nurses posts are available under the Mission and that the present recruitment process has been initiated to fill 4,135 posts on a contractual basis for a period of two years.

11. This Court considered the rival submissions made by the learned counsel on either side and perused the materials available on record.

12. The learned Senior Counsel appearing for the petitioners in W.P.(MD) No.28724 of 2026 and the learned counsel appearing for the petitioners in W.P. (MD) No.28378 of 2026 challenged the impugned Circular on the ground that the recruitment of Staff Nurses on consolidated pay and on a contractual basis is contrary to the settled principles laid down by the Hon'ble Supreme Court. However, the recruitment of Staff Nurses on a contractual/temporary basis is being undertaken under the National Health Mission, launched by the Government of India and implemented through the State Governments. The objectives of the Mission are to provide healthcare to the rural population, reduce the infant mortality rate and maternal mortality ratio in rural areas, and prevent and control communicable and non-communicable diseases in such areas.

13. Though the Mission was launched in the year 2005 for a period of seven years, it has been extended periodically, depending upon the requirements. The Mission is jointly sponsored by the Government of India and the State Government and is implemented through State Health Societies and District Health Societies registered under the Tamil Nadu Societies Registration Act, 1975. Therefore, the petitioners cannot expect the Society to follow the recruitment procedures applicable to regular appointments of Staff Nurses while making appointments under the Mission.

14. Moreover, Clause 12.1 of the Memorandum of Understanding for the Extension of the National Health Mission (from 1st April 2021 to 31st March 2026) between the Government of India and the State Governments reads as follows: “12.1 The National Health Mission is not a permanent programme and requires periodic approval of the Cabinet for continuation. Hence, only contractual/outsourced Human Resource is permissible to be engaged under the Mission. However, if the State Government appoints permanent human resources either on its own or by virtue of orders of Hon'ble Court, then the State Government shall be liable to maintain the same at its own cost, and the liability of the Central Government will strictly be only to the extent of agreed and approved PIP.”

15. Since the National Health Mission is a centrally sponsored programme intended to operate for a limited period, this Court is not inclined to interfere with the impugned Circular and Government Order.

16. Be that as it may, as rightly pointed out by the learned Senior Counsel appearing for the petitioners, the Government must act as a model employer and explore the possibility of engaging Staff Nurses on a permanent basis. Accountability and responsibility are essential in public healthcare services, particularly in the discharge of duties by Staff Nurses, whose work directly concerns the health and lives of patients. Considering the nature of their duties and the importance of the services rendered by them, the Government shall explore the possibility of engaging Staff Nurses on a permanent basis.

17. With the above observations, these Writ Petitions are dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. 05-10-2026 (2/2) Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No mbi

To

1. The Secretary to Government Health and Family Welfare (EAP.11/2) Department, Secretariat, Fort S.George, Chennai 600 009

2. The Principal Secretary, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.

3. The Mission Director, National Health Mission Department of Public Health and Preventive Medicine, No.359, DMS Complex, Anna salai, Teynampet, Chennai 600 006

4. The Executive Secretary District Health Office, No.15/22, Old Police Hospital Road, Samathan.

5. The Director, Directorate of Medical and Rural Health Services, DMS Campus, Anna Salai, Teynampet, Chennai - 600 006

6. The Director, Directorate of Medical Education and Research, EVR High Road, Kilpauk, Chennai - 600 010

7. The Director, Directorate of Public Health and Preventive Medicine, DMS Campus, Anna Salai, Teynampet, Chennai - 600 006.

8. Registrar ,Tamil Nadu Nurses and Midwives Council, No 140, Jayaprakash Narayana Malaigai, Santhome High Road, Mylapore, Chennai - 600004.

B.PUGALENDHI, J. mbi WP(MD) Nos. 28378 & 28724 of 2026 05-10-2026 (2/2)