Madras High Court
WP(MD)/28469/2026 of C.Sharmila Vs The State of Tamil Nadu Rep. on 1 October 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01-10-2026
CORAM
THE HON'BLE MR JUSTICE B.PUGALENDHI
WP(MD) No. 28469 of 2026
CNR:{HCMD011406282026}
C.Sharmila
W/o.N.Ramkumar,
No.1/178, Pillar Kovil Street,
Akkaraipatti,
Athur,
Dindigul District
..Petitioner(s)
Vs
1. The State of Tamil Nadu
Rep., by its Secretary to Government,
Health and Family Welfare Department,
Secretariat, Chennai.
2. The Director of Public Health and Preventive Medicine, D.M.S. Campus, Teynampet, Chennai.
3. Medical Services Recruitment Board
Rep., by its Chairman/Member Secretary,
7th Floor, DMS Building,
359, Anna Salai,
Teynampet,
Chennai.
4. The Director of Medical Service,
DMS Campus,
Chennai.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the respondents to appoint the petitioner for the post of Ophthalmic Assistant by considering the vacancy arise in the said notification No.02/MRB/2023 dated 17.02.2023 by considering the petitioner representation dated 07.10.2025 within the period that may be stipulated by this Court.
For Petitioner(s):
Mr.C.Venkatesh Kumar,
Advocate
for M/s.Ajmal Associates
For Respondent(s):
Mrs.W.Pamelin,
Additional Government Pleader
for R1 and R2
Mr.V.Ramesh,
Standing Counsel for R3 and R4
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ORDER
The petitioner has applied for the post of Ophthalmic Assistant, pursuant to Notification No.2/MRB/2023 dated 07.02.2023 issued by the Medical Services Recruitment Board. The petitioner, with an apprehension that her candidature may not be considered as she is not having the required three months’ experience in the Condensed Paramedical Ophthalmic Assistant Course, has filed this writ petition seeking a writ of mandamus, directing the respondents to consider her candidature for appointment to the post of Ophthalmic Assistant, if any vacancy arises in the said notification No.02/MRB/2023 dated 17.02.2023, by considering her representation dated 07.10.2025.
2. The learned counsel for the petitioner has relied upon the earlier order of this Court passed in W.P.(MD)Nos.90, 91, 93 of 2026, dated 10.02.2026, wherein, this Court has passed an order directing the respondents to consider the applications of the petitioners therein, who have also not completed three months Condensed Paramedical Ophthalmic Assistant Course, in the light of the amendment dated 17.06.2025. Therefore, the petitioner’s apprehension needs to be addressed.
3. Mrs.W.Pamelin, learned Additional Government Pleader takes notice for the respondents 1 and 2 and submits that the selection process has already been completed and all the appointments have been made. The learned Additional Government Pleader, by relying upon the earlier order of this Court passed in W.P.(MD)No.26306 of 2026 dated 11.09.2026, submits that this Court, on a similar request, has disposed of the said writ petition in the following terms. “6.Though the petitioner has made out a case based on the earlier orders of this Court in WP(MD)No.90 of 2026, etc batch, dated 10.02.2026, this Court is not inclined to grant the relief as sought for by the petitioner considering the submission of the learned Additional Advocate General that the entire selection process is over and that all the posts are filled-up. However in case any vacancy arises as against the subject notification, the petitioner's case may be considered sympathetically, provided, the petitioner satisfies all other qualifications.” Therefore, the learned Additional Government Pleader submits that there cannot be any possibility of accommodating the petitioner herein.
4. The learned counsel for the petitioner disputed the same stating that out of 95 notified posts, 85 posts alone have been filled up and 10 vacancies are still available. The learned counsel has also pointed out that this Court, while disposing of W.P.(MD)No.26306 of 2026, has issued favorable orders to the petitioner therein to consider her case if any vacancy arises as against subject Notification. Therefore, the similar relief may be granted to the petitioners herein.
5. This Court considered the rival submissions made.
6. The petitioner’s apprehension is that her candidature have not been considered, since she has not completed three months’ experience in
Condensed Paramedical Ophthalmic Assistant Course, despite the fact that the said course has been discontinued since 2003. Moreover, as per the amendment dated 17.06.2025, the Medical Recruitment Board can consider the candidature without insisting for the additional qualification of three months condensed Paramedical Ophthalmic Course. This has been clarified by this Court in W.P.(MD)Nos.90, 91 and 93 of 2026, dated 10.02.2026 in the following terms: “8. In view of the amendment dated 17.06.2025 and the undertaking given by the Government, this Court directs the respondents to consider the applications of the petitioners without insisting three month condensed Paramedical Ophthalmic Assistant course. In the event, if they are coming within the zone of consideration, they can be permitted to complete the said course, within a reasonable time.”
7. Thereafter, when a similarly placed person filed a writ petition in W.P.(MD)No.26306 of 2026, this Court, in view of the submission of the learned Additional Advocate General that the entire selection process is over and that all the posts are filled-up, did not grant the relief to the petitioner therein, though she has made out a case based on the earlier order of this Court in W.P.(MD)No.90 of 2026 etc. batch. However, this Court directed the respondents to consider the case of the petitioner therein, in case any vacancy arises as against the subject Notification.
8. Following the same, this writ petition is disposed of with a direction that in case, any vacancies arise as against the subject notification, the petitioner’s case shall be considered, provided she satisfies all other qualifications. No costs. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ogy To
1. The Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai.
2. The Director of Public Health and Preventive Medicine, D.M.S. Campus, Teynampet, Chennai.
3. The Chairman/Member Secretary, Medical Services Recruitment Board 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai.
4. The Director of Medical Service, DMS Campus, Chennai.
B.PUGALENDHI, J. ogy WP(MD) No. 28469 of 2026 01-10-2026