V.Arulkumar v. The State Rep by

ORDER Challenging the impugned order of the second respondent in Ref No.91852/N2 dated 27.01.2026 insofar as the list of candidates in Serial No. 7, 11, 13, 25, 35, 55, 58 and 63 included in Ref No.91852/N2 dated 27.01.2026, the present Writ Petition has been filed.

¶2Heard the learned counsels appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing today at the admission stage itself. Since no adverse orders has to be passed as against the respondents 3 to 14 in this Writ Petition, notice to them is dispensed with.

¶3In view of the order proposes to be passed by this Court in this Writ Petition, WMP.No.6259 of 2026 filed by the petitioners to permit them to join together and file a single Writ Petition, is allowed subject to payment of separate Court fee, if not already paid. Page6 of 9

¶4The learned Senior counsel for the petitioners submitted that the petitioners were appointed as Nurses in the Health Family Welfare Department with GNM qualification and serving as Nurses in various Government Institutions and as in-service candidates, they completed Post Basic B.Sc., Nursing degree on regular basis on full time study and their avenue of promotion is Nursing Tutor Grade II and the qualification prescribed for the said post is B.Sc., (Nursing) and while so, the panel for the year 2025-2026 for the said post was released by the second respondent on 27.01.2026, wherein the names of the petitioners herein are not included. He further submitted that the names of the private respondents herein, who have obtained B.Sc., Nursing through Indira Gandhi National Open University [IGNOU] are included in the said panel though distance mode of education in Nursing is in violation of Sections 10, 11 & 14 read with Part II Schedule of the Indian Nursing Council Act, 1947; Tamil Nadu Nurses and Midwives Council Act, 1926 and University Grants Commission Regulations. He continued that the petitioners made a representation dated 28.01.2026 addressing their grievances, however, no order was passed and hence, the present Writ Petition.

¶5Per contra, the learned Government Advocate submitted that even though the impugned order was passed, the aggrieved persons may prefer an Page7 of 9 appeal against the impugned order before the second respondent herein and there may be a direction to the second respondent to pass appropriate orders in the said appeal within a reasonable time, if any such appeal is filed.

¶6In view of the above, the petitioners herein are directed to file an appeal for non inclusion of their names in the panel for the year 2025-26 for the post of Nursing Tutor Grade II before the second respondent, within a period of two weeks from the date of receipt of a copy of this order and if any such appeal is filed, the second respondent herein is directed to consider the same and pass appropriate orders in accordance with law, within a period of four weeks therefrom. The second respondent may evaluate the qualification possessed by the petitioners and private respondents for the said post.

¶7With the above directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. There shall be no order as to costs. 16-02-2026 Index: Yes/No Speaking/Non-speaking order DP Note: Issue order copy on 17.02.2026 Page8 of 9

¶1The State Rep by The Additional Chief secretary to Government Health and Family welfare Department Secretariat Chennai-600 009

¶2The Director of Medical Education and Research Periyar E.V.R.High Road Chennai-10

¶3The Secretary Indian Nursing council 8th floor, NBCC Centre Plot No.2, community centre Okhla phase-I, New Delhi-110 020

¶4The President The Tamilnadu Nurse and Midwives council No.56, Santhome High Road Mylapore chennai-4

¶5The Registrar Indira Gandhi National open university Maidhan Garhi New Delhi Page9 of 9

M.DHANDAPANI, J. DP 16-02-2026

Page1 of 9 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-02-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP.Nos.6260 to 6263 of 2026 1. V.Arulkumar S/O.Varadarajan No.4/31, Poosari street Thammanayakkanpatti Salem-636 010 2. R.Kalarani w/0.Chermapandian, No.86, Margatham Garden, Pricol Backside, Coimbatore 641 047. 3. M.Elumalai s/o.Mottai, No.191, Thirumani Main Road, Indira Nagar, Chengalpattu 4. 4.M.Szakthivel s/o s/o.Marichamy, No.3/80, South Street, S.Melapatti, Peraiyur Taluk, Page2 of 9 Madurai 625 703. 5. T.Sangeetha w/o.Dayanithi, FF5, B Block, Junaid Joy Bossan Apartment, Vanagaram Chennai - 600 095 ..Petitioner(s) Vs 1. The State Rep by The Additional Chief secretary to Government Health and Family welfare Department Secretariat Chennai-600 009 2. The Director of Medical Education and Research Periyar E.V.R.High Road Chennai-10 3. The Secretary Indian Nursing council 8th floor, NBCC Centre Plot No.2, community centre Okhla phase-I, New Delhi-110 020 4. The President The Tamilnadu Nurse and Midwives council Page3 of 9 No.56, Santhome High Road Mylapore chennai-4 5. The Registrar Indira Gandhi National open university Maidhan Garhi New Delhi 6. Tmt.Sundararaj Nirmala, Nursing Tutor Grade - 11, School of Nursing, Kanyakumari. 7. R.Delbin Pushparani, Nursing Tutor Grade -1II, School of Nursing, Kanyakumari 8. C.Jeya Sheela, Nursing Tutor Grade -1II, School of Nursing, Kanyakumari 9. C.Murugan Nursing Tutor Grade -II, School of Nursing, Kanyakumari 10.S.Victoria Page4 of 9 Nursing Tutor Grade - 11, School of Nursing, Cuddalore 11.S.V.Mayadevi Nursing Tutor Grade- II, School of Nursing, Tirupur 12.P.Nagarajan Nursing Tutor Grade - II, School of Nursing, Tirunelveli 13.S.David Wilson Nursing Tutor Grade II, ANM School, Tirunelveli 14.A Kulanthai Therese Nursing Tutor Grade 1I, ANM School, Tirunelveli ..Respondent(s) Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records leading to the issuance of impugned order issued by the 2 Respondent in Ref Page5 of 9 No.91852/N2 dated 27.01.2026 in so far as the list of candidates in Serial No. 7, 11, 13, 25, 35, 55, 58 and 63 included in Ref No.91852/N2 dated 27.01.2026 and quash the same For Petitioner(s): Mr.V.Prakash, Sr. Counsel for Ms.Ramapriya For Respondent(s): Mr.K.Tippu Sulthan, GA for R1 & R2