Dr.A.Sivagami, Md (Paediatrics) v. The State of Tamil Nadu

ORDER This Writ Petition has been filed for the following reliefs:- "forbearing the respondents from in any manner displacing the petitioner from the post of Assistant Professor, Department of Paediatrics, Government Mohan Kumaramangalam Medical college and Hospital, Salem, petitioner been holding Civil Medical List (CML) seniority, considering the representation dated 07.02.2026, in light of the vacancy that has arisen consequent upon the acceptance of the Resignation of Dr.Nirmala by the Government on 06.02.2026 and further direct the respondents to consider the surrender of the said post of Page3 of 5 Dr.Nirmala, Assistant Professor, Paediatrics for the purpose of creation of a post of Assistant Professor, neonatologist in the Government Mohan Kumaramangalam Medical College and Hospital, Salem."

¶2The petitioner's case is that she is serving as an Assistant Professor in the Department of Paediatrics at Government Mohan Kumaramangalam Medical College & Hospital, Salem, where she has been working for the past 10 months. The said Medical College and Hospital has a sanctioned strength of 17 Assistant Professors. On 06.02.2026, following the retirement of one Dr. M. Nirmala, a vacancy arose in the sanctioned strength.

¶3While so, the respondents proposed to transfer the petitioner to another station. The petitioner's apprehension is that the respondents would proceed with the proposed transfer without considering her representation dated

07.02.2025, submitted to the 2nd respondent requesting that she be retained at GMKMCH, Salem and that her name not be considered for transfer at this stage taking into account her minor school-going children, the vacancy arising from the retirement of Dr. Nirmala, her family circumstances, her station seniority, her long years of service and the academic constraints faced by the institution. Hence, the present Writ Petition. Page4 of 5

¶4Heard the learned counsel on either side.

¶5Considering the fact that a vacancy has arisen at the Government Mohan Kumaramangalam Medical College & Hospital, Salem, following the retirement of one Dr. Nirmala and the petitioner is fully qualified for the same, the petitioner shall be accommodated in the said vacant position.

¶6Accordingly, the Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 09-03-2026 Index: Yes/No Speaking/Non-speaking order SHR To

¶1The state of Tamil Nadu Rep. by its Secretary to Government, Health and Family Welfare Department, Fort St. George, Cehnnai-600 009

¶2The Director Directorate of Medical Education and Research, Chennai-600 010

¶3The Dean Government Mohan Kumaramangalam, Medical College and Hospital (GMKMCH) Salem. WPoNo.o6392oofo2026 P.T.ASHAoJ. SHR WPoNo.o6392oofo2026 AND WMPoNO.o6917oOFo2026 09-03-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-03-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP NO. 6917 OF 2026 Dr.A.Sivagami, MD (Paediatrics) Assistant Professor, Paediatrics, Government Mohan Kumaramangalam, Medical College and Hospital, Salem, Residing at No.35, 5th Cross Street, Mugil Nagar, Narasothipatti, Salem-4 ..Petitioner(s) Vs 1. The state of Tamil Nadu Rep. by its Secretary to Government, Health and Family Welfare Department, Fort St. George, Cehnnai-600 009 2. The Director Directorate of Medical Education and Research, Chennai-600 010 3. The Dean Government Mohan Kumaramangalam, Medical College and Hospital (GMKMCH) Salem. ..Respondent(s) Page2 of 5 Prayer:-Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus forbearing the respondents from in any manner displacing the petitioner from the post of Assistant Professor, Department of Paediatrics, Government Mohan Kumaramangalam Medical college and Hospital, Salem, petitioner been holding Civil Medical List (CML) seniority, considering the representation dated 07.02.2026, in light of the vacancy that has arisen consequent upon the acceptance of the Resignation of Dr.Nirmala by the Government on 06.02.2026 and further direct the respondents to consider the surrender of the said post of Dr.Nirmala, Assistant Professor, Paediatrics for the purpose of creation of a post of Assistant Professor, Neonatiligst in the Government Mohan Kumaramangalam Medical College and Hospital, Salem For Petitioner(s): Mr.G.Sankaran, Senior Counsel for Mr.Chozhan K For Respondent(s): Mr.M.Bindran Agp For R1 To R3