Where irregularities are found at an examination centre, must the entire selection be cancelled?

(Judgment of the Court was made by S.M.Subramaniam J.) The present intra Court appeal has been instituted under Clause 15 of the Letters Patent, challenging the writ order dated 07.07.2026 passed in W.P.No.25480 of 2026. The appellant was not a party to the writ proceedings and by securing leave from this court, he filed the present intra Court appeal on the ground that he was also a candidate participated in the process of selection.

The Medical Service Recruitment Board issued recruitment Notification on 27.10.2025 inviting applications from the eligible candidates for direct recruitment to the post of Health Inspector Grade – II. 1429 vacancies were notified. The appellant applied and participated in the selection process. Serious complaints of large-scale irregularities and organised malpractices emerged from various examination centres across the State. The allegations included the use of mobile phones by candidates inside the examination halls, invigilators actively assisting candidates by providing answers through mobile phones, failure to maintain mandatory examination protocols, lack of effective supervision, violation of prescribed seating arrangements and discipline etc.

The State ordered an investigation by the Crime Branch- Criminal Investigation Department (CBCID). The Police Officials launched investigations and collected material evidences from 84 examination centres across 35 Districts. They are in the process of examining the materials collected to proceed further with the case. However, during the course of the investigation, they found that the irregularities were mainly identified in one examination centre alone. The status report dated 07.07.2026 filed by the Investigation Officer / Deputy Superintendent of Police, Thanjavur Range, Thanjavur, states as follows:

The status report filed by the Investigation Officer / Deputy Superintendent of Police, Thanjavur Range, Thanjavur, would show that during the preliminary investigation, the Authorities found that irregularities were identified in respect of a centre at MNSK Engineering College, Vallathirakottai, Pudukkottai. However, they are in the process of continuing the investigation by examining the CCTV footage and other evidences collected.

The learned Additional Advocate General would submit that due to dearth of Health Inspectors in the Public Health Department, the State is unable to implement the Health Schemes for the welfare of the public. Large number of vacancies are to be filled up for effective implementation of Health Schemes introduced by the Medical Department. They have proceeded with the selection process, since there is no allegation or irregularity established in respect of all other Centres across the State except one centre. In respect of the tainted centre, 14 candidates had appeared for the examination. Out of which, four candidates were debarred, four candidates qualified and were provisionally selected, and the remaining six candidates were unsuccessful. Thus, only four candidates from the tainted centre were provisionally selected. Their selection and any consequential appointments shall, however, be subject to the outcome of the investigation being conducted by the Crime Branch-Criminal Investigation Department (CBCID). The details regarding the candidates who have involved in the irregularities are stated as follows: Sl. Registration Candidate Name Remarks No. Number 1 MRBHI25006870 MADHANKUMAR S Not qualified in Tamil Eligibility Test 2 MRBHI25013190 SRINIVASAN M Selected Provisional Selection list Sl.No.570 3 MRBHI25014945 NAGASUDHARSAN V Not qualified in Tamil Eligibility Test 4 MRBHI25007233 MANISEKARAN N Selected Provisional Selection list Sl. No.1315 5 MRBHI25000640 NEHEILARVIND JK Not called for certificate verification 6 MRBHI25015789 ABIDOSS M Not qualified in Tamil Eligibility Test 7 MRBHI25011405 MURUGAN M Selected Provisional Selection List Sl. No.1317 8 MRBHI25003858 KARTHIKEYAN N Not called for certificate verification 9 MRBHI25007214 HARIHARAN R Not called for certificate verification 10 MRBHI25014882 KANNAN M Not qualified in Tamil Eligibility Test (Debarred) 11 MRBHI25013270 SATHISHKUMAR K Selected Provisional Selection List Sl.No.12 (Debarred) 12 MRBHI25013202 TAMILZHARASAN R Selected Provisional Selection List Sl.No.19 (Debarred) 13 MRBHI25013550 SAHUL HAMMED M Selected Provisional Selection List Sl.No.18 14 MRBHI25014370 HARIPRAKASH S Called for certificate verification but ineligible (Institution not eligible as per the notification) (Debarred)

The learned Additional Advocate General would further submit that even in the disputed centre, out of 14 candidates, four candidates were de-barred since they were actively committed irregularities, which were noticed / detected by the Investigation Officers through CCTV footage and other evidences. Since there is no evidence or materials available in respect of 10 candidates, four candidates were selected and six remained unsuccessful.

This Court is of the considered view that the principles governing a selection process are that, during the conduct of examination or interview etc., if the entire selection is found to be tainted, then the Courts have no other option, but to set aside the selection in its entirety. If the tainted candidates are able to be identified in competitive examinations, then tainted candidates alone are liable to be debarred and the entire selection need not be cancelled. Selection for the public posts are conducted by following procedures. On account of certain irregularities, in a particular centre, by few candidates, the rights of all other candidates against whom no allegations have been established, need not be made as victims. Though the investigations are in progress, the status report filed by the CBCID would show that so far they could be able to identify irregularities in one centre and even in that centre, four candidates committed certain irregularities, which were identified. Thus, the Authorities debarred those four candidates and in respect of other ten candidates, six candidates were unsuccessful and four candidates were selected.

Pertinently, the proceedings of the Competent Authority appointing the Health Inspectors clearly stipulate that the appointments made pursuant to the provisional selection list are subject to the final outcome of the criminal investigation being conducted by the Crime Branch Criminal Investigation Department (CBCID).

In view of the fact that the selection process had been concluded in all respects and the selected candidates were appointed, no further interference by this Court is required. As far as the investigation by the CBCID is concerned, it is in progress and the status report filed before this Court would show that except one centre, no serious irregularities have been so far identified. Further, the appointment orders have been issued subject to the final outcome of the investigation being conducted by the Crime Branch- Criminal Investigation Department (CBCID).

Pertinently, the appellant before this Court is an unsuccessful candidate and not selected.

In view of the facts and circumstances, the impugned order dated 07.07.2026 passed in W.P.No.25480 of 2026 stands modified as follows:

With the above directions, the writ appeal stands disposed of. However, there shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed. [S.M.S., J.] [N.S., J.]