A. Pushpa, v. The State of Tamilnadu

J U D G M E N T (Judgment of the Court was made by S.M.Subramaniam, J.) The writ order dated 27.01.2026 and the modification order dated 27.02.2026 passed in W.P.No.2708 of 2026 are under challenge in this present writ appeal. The writ petitioner is the appellant.

2.The writ petitioner participated in the process of selection for appointment to the post of Ophthalmic Assistant in Medical Department. The writ Court made a finding that the appellant did not make application for DAP category and she made application only for MBC de-notified category, in which, the cut off mark for general turn is

58.24 and women category is 59.51, whereas, the appellant secured only

57.75 marks. Since the appellant has not secured the cut off marks, her candidature was not considered. Page No.3 of 6

3.In the present appeal, the learned counsel appearing on behalf of the third respondent would submit that as per G.O.(Ms) No.3, Health and Family Welfare (C2) Department, dated 06.01.2016, the suggested category of Physically Challenged candidates eligible for the post of Ophthalmic Assistant is stated as "Orthopaedically Physically Disabled (Disability in the lower limb between 40% and 70%)."

4.The recruitment Notification dated 17.02.2023 issued was not in conformity with the aforesaid Government Order, which provides for reservation and related information for differently abled persons, which reads as follows: "Reservation for differently abled:- 4% of the posts are reserved for Differently Abled candidates (Orthopaedically physically handicapped locomotory disability of the lower limb should be between 40% and 70%) as per G.O.(Ms.) No.3, Health and Family Welfare (C2) Department dated

06.01.2016 and G.O.(Ms.) No.21, Welfare of Differently Abled Persons (DAP-3.2) Department dated 30.05.2017. Such candidates have to produce a certificate of physical fitness from the Medical Board (as in Annexure 7A / 7B of this Page No.4 of 6 notification). That Certificate should be obtained from the Medical Board of a Medical college."

5.The application submitted by the appellant is also furnished before this Court. Though the appellant applied under the said category by stating that her type of disability is Orthopaedically Physically Disabled (Disability in lower limb between 40 and 70%), as per the pass-book issued by the Government for Differently Abled Persons, her disability is stated as 65% hearing impairment. Thus, the appellant has not produced the relevant certificate to establish that she is coming under the category of 'differently abled persons' as per the Notification issued. Thus, her candidature was not considered. This Court does not find any infirmity in the decision arrived by the Writ Court. Consequently, the writ appeal stands dismissed. However, there shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed. [S.M.S., J.] [N.S., J.]

06.07.2026 Index : Yes Speaking Order : Yes : Yes / No TK Page No.5 of 6 To

1.The Principal Secretary to Tamilnadu Government of Tamil Nadu Health and Family Welfare Department Secretariat, Fort St. George, Chennai – 600 009.

2.The Director of Public Health and Preventive Medicine DMS Campus, Anna Salai, Teynampet, Chennai – 600 006.

3.The Member Secretary Medical Service Recruitment Board (MRB) 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai – 600 006.

4.The Director of Medical Education Kilpauk, Chennai – 600 010.

Page No.6 of 6

S.M.SUBRAMANIAM, J. AND

N.SENTHILKUMAR, J. TK

WA NO.1011 OF 2026

06.07.2026

Page No.1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.07.2026 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR AND CMP NO.10356 OF 2026 A.Pushpa … Appellant Vs. 1.The State of Tamilnadu Rep. By its Principal Secretary to Tamilnadu Health and Family Welfare Department Secretariat, Fort St. George, Chennai – 600 009. 2.The Director of Public Health and Preventive Medicine DMS Campus, Anna Salai, Teynampet, Chennai – 600 006. 3.The Member Secretary Medical Service Recruitment Board (MRB) The Member Secretary 7th Floor, DMS Building, 359, Anna Salai, Teynampet, Chennai – 600 006. 4.The Director of Medical Education Kilpauk, Chennai – 600 010. … Respondents Page No.2 of 6 PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying to set aside the order dated 27.01.2026 and modification order dated 27.02.2026 passed in W.P.No.2708 of 2026. For Appellant : Mr.T.Sellapandian for Mr.S.V.Vasantha Kumar For Respondents 1, 2 & 4: Dr.R.Gouri Government Counsel For Respondent - 3 : Mr.S.J.Mohamed Sathik