WA/1248/2025 of Prasanth .S Vs Government of Tamil Nadu on 9 September 2026

COMMON JUDGMENT

(Krishnaswamy Govindarajan,J.) Since both the issues involved in the Writ Appeals are one and the same, therefore, the same are disposed of by way of this Common Judgment.

2. These appeals have been filed challenging the orders dated 11.03.2025 and 06.03.2025 respectively passed in W.P.Nos.6922 and 7713 of 2025 by this Court.

3. The Writ Petitioners have filed the Writ Petitions challenging the Notification dated 15.03.2024, Clause 6B(iii) as modified by Notification dated 14.05.2024, and the Selection List dated 20.02.2025.

4. The Writ Petitioners, who lost the case before the Writ Court, are the appellants herein.

5. It is the case of the Writ Petitioners that they were duly qualified to apply for the post of Assistant Surgeon (General). They had completed Bachelor of Medicine and Bachelor of Surgery (M.B.B.S.) and thereafter were issued with Provisional Certificate. After completion of one year internship, they were issued with Provisional Certificate-II. On receipt of Provisional Certificate - II, the petitioners have applied with the third respondent for registration as registered Medical Practitioners.

6. It is the further case of the petitioners that the first respondent issued Notification dated 15.03.2024 inviting applications upto 15.05.2024 for direct recruitment for the post of Assistant Surgeon (General) on temporary basis in the Tamil Nadu Medical Service. The number of vacancies was notified as 2553.

7. The important dates and qualification details are extracted hereunder: Date of Notification in website 15.03.2024 Commencement of submission of application through online mode 24.04.2024 Last date for submission of application (Online Registration & Online Payment) 15.05.2024

5. Clause 6 B of the notification referred to Educational Qualification which reads as follows: “Candidates should possess the following or its equivalent qualification awarded by a University or Institution recognized by the University Grants Commission for the purpose of its grants. The courses must have been approved by the Medical Council of India. For Assistant Surgeon (General) - MBBS Degree In addition to the above, the candidates

(i) . Must be a registered practitioner within the meaning of the Madras Medical Registration Act, 1914.

(ii) . Must have served as House Surgeon (CRRI) for a period of not less than twelve months.

(iii) . Candidates should have registered their name in the Tamil Nadu Medical Council on or before the last date of this notification. (Last date for submission of application i.e. 15.05.2024)

(iv) . If a candidate claims that the educational qualification possessed by him/her is equivalent though not the same as those prescribed for the appointment, the onus of proof rests with the candidate. Clause 7 deals with the Scheme of Examination.

6. The 1st Respondent issued a Corrigendum to the Notification No.01/MRB/2024, dated 14.05.2024 which reads as follows: “CORRIGENDUM In partial modification of the detailed Notification No.01/MRB/2024, dated 15.03.2024 for the post of Assistant Surgeon (General), the following are revised: The last date for submission of online application and online payment fixed as 15.05.2024 is hereby extended upto 15.07.2024. The cut-off date for the candidates to register their name in Tamil Nadu Medical Council is revised as on or before 15.07.2024.

7. The Compulsory Rotatory Medical Internship (CRMI) of the Petitioner commenced in May, 2023 and concluded in May, 2024. This internship is an essential pre-requisite for obtaining full qualification as a medical graduate and subsequently registration with the Tamil Nadu Medical Council (as a Permanent Medical Practitioner). The 2nd Respondent issued the following Provisional Certificate, P2/2024/521816059 dated 10.07.2024 signed by the Controller of Examinations.’’

8. It is the further case of the petitioners that even though the provisional certificate is dated 10.07.2024, the petitioners received the same only on 15.07.2024. Though the petitioners intended to apply for the post of Assistant Surgeon (General), they could not apply before the last date i.e., 15.05.2024, as one of the qualifications was that the candidates should have registered their name in the Medical Council on or before the last date of notification, which was later modified as 15.07.2024. It is the main grievance of the petitioners that they got a slot for registration from the Tamil Nadu Medical Council only on various dates in the month of July 2024 and they received the Medical Registration Certificate after a week from the date of application.

9. The learned counsel for the petitioners submitted that they appeared for the Tamil Eligibility Test on 05.01.2025 and being candidates belonging to BC community, they were called for certificate verification on 13.02.2025 and attended certificate verification on that day. Only at that point of time, they were informed that the Medical Registration Certificate which was registered after publishing notification, cannot be taken into consideration when the cut- off date is fixed on 15.07.2024. Thereafter, the provisional selection list was published by the respondents. Challenging the same, the petitioners have filed the Writ Petitions.

10. The respondents in the Writ Petitions contended that the cut-off date is crucial and at any point of time there cannot be any relaxation in the cut-off date and the selection process is done according to the Rules and Regulations and absolutely there is no necessity for interference.

11. The Writ Court, on careful consideration of the materials placed before the Court and after hearing the arguments at length, came to the conclusion that the prayer cannot be granted. The final verdict and the relevant paragraphs are extracted hereunder: ‘’30.In the instant case, the initial date was 15.05.2024 and thereafter, the respondent had uniformly extended the date to 15.07.2024. It is also be to noted that so far as these writ petitioners are concerned, they had applied for the post of Assistant Surgeon (General) only on the basis of the said Notification. They had subjected themselves to be qualified as required under the terms of the Notification. They had projected that they would be eligible to be selected and they would abide by the terms and conditions in the Notification. After the process commenced and after it had nearly concluded, now they cannot claim that the date in the Notification should be changed and they must be permitted and must also be considered to be recruited for the said post. This would only lead to extreme arbitrariness. One of the petitioners was able to get the certificate registered on 22.07.2024, another one was able to get it registered on 16.07.2024. The moot question which this Court will have to put to itself is to the date to which the Court should extend the cut-off date. Should it be extended to 22.07.2024 to accommodate one of the writ petitioners or should it be extended to 16.07.2024 to accommodate one writ petitioner and exclude the other writ petitioners. This would only lead to extreme prejudice caused by the judicial process and that is impermissible. The respondents had determined the cut-off date on 15.07.2024 and the petitioners had taken a conscious decision to apply for the post with the intention that they would be comply with the requisite qualification on or before 15.07.2024. If they had failed to do so, then they cannot call upon this Court to extend the date to any other arbitrary date. This Court is not the Selection Board. This Court cannot take on the role of a supervisor over and above the Recruitment Board and issue directions extending the cut-off date. That would only lead to extreme arbitrariness and open up the flood gates for hundreds and hundreds of other candidates. It would also prejudice the right of those candidates, who had diligently obtained the certificate on or before 15.07.2024. As a matter of fact, it is also seen that there were also candidates, who had obtained the certificate only on 11.07.2024 and had applied online and had obtained the slots had physically gone over to the Tamil Nadu Medical Council and were able to get their certificates verified and received the certificates on or before 15.07.2024 and found themselves eligible. If the petitioners had any interest, they could have adopted the same procedure.

31. It is poor argument to state that merely because a candidate had applied online, he would sit in front of the computer at home 24 hours a day and not move a little finger to ensure that the registration is done within the stipulated time. If the petitioners had been diligent enough like others were, they could have gone over physically to the office of the Tamil Nadu Medical Council and could have sought verification of their certificates then and there and could have found themselves eligible for being selected.’’

12. Heard the arguments of the learned counsel for the appellants and the respondents.

13. The learned counsel for the appellants has relied upon the judgment reported in 2022 (7) SCC 477 by relying on Paragraph No.14, arguing that there is no mistake on the part of the petitioners and the delay is only on the part of the respondents in issuing the certificate and the same cannot be put against the petitioners.

14. The learned counsel also relied upon another judgment reported in 2022 (3) SCC 286, in the case of Narender Singh v. State of Haryana particularly Para 20 of the judgment.

15. On the other hand, the respondent argued that when the notification specifically prescribes a cut-off date, it cannot be relaxed for a particular individual, since on seeing the notification, many candidates may not apply on the ground that they will not get the certificate within the time. Originally, the notification was issued with cut-off date as 15.03.2024 and the same was subsequently extended to 15.05.2024 and thereafter to 15.07.2024. If the original date had not been changed, the petitioners at that point of time were not even having the qualification to apply. Only because of the extension, they have come to the Court stating that they were not able to get the certificate from the respondents before 15.07.2024 and putting the blame on the respondents.

16. The judgments relied upon by the writ petitioners are not applicable to the present facts of the case. In 2022 (3) SCC 286, the issue involved was with respect to NOC certificate and the same was addressed on the basis of no lapse and no delay on the part of the person asking for NOC certificate. The NOC certificate in that case relates to getting it from the present employer. The second judgment cited by the writ petitioner in 2022 (7) SCC 477 is also on the basis that there is no delay/lapse on the part of the applicant.

17. Insofar as the present cases are concerned, it revolves around the cut- off date for production of a particular certificate viz., qualification for entering into service. If the cut-off date is relaxed, there will be no end for completion of the appointment process. The Writ Court has extensively considered all these aspects and has come to the conclusion that the prayer sought for by the petitioners is not grantable. We are completely in agreement with the order of the Writ Court.

18. In view of the findings discussed above, the Writ Appeals stand dismissed. Connected Miscellaneous Petitions are closed. No costs. (S.M.S.,J.) (K.G.R.,J.) 09-09-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rli To

1. The Member Secretary Medical Services Recruitment Board, 7th Floor, Dms Buildings, 359, Anna Salai, Teynampet, Chennai 06.

2. The Registrar, Tamil Nadu Dr. MGR Medical University, 69 Anna Salai, Guindy, Chennai 600 032.

3. Tamil Nadu Medical Council No 959 And 960 Poonamallee High Road, Purasaiwakkam Chennai- 600 084.

S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. rli WA Nos. 1248 and 1250 of 2025 09-09-2026