Legal Challenge Against INGESA Nursing Assistant Opposition: What Candidates Must Do Now

Key data

Candidates for Nursing Assistant positions at INGESA in Ceuta and Melilla face an urgent situation: the selection process in which they are participating is being judicially challenged and they have less than two weeks to defend their position before the court. The INGESA Resolution of October 9, 2026, published in the BOE on October 26, activates the procedural clock.

The CCOO Healthcare Federation in Ceuta filed administrative litigation 584/2026 before the Superior Court of Justice of Andalusia, Ceuta and Melilla, with offices in Seville, against the competitive examination call for Nursing Assistant positions published in May 2026. Through this resolution, INGESA fulfills its legal obligation to publicly summon all interested parties in that selection process.

What does this regulation establish?

This resolution does not modify the call nor establish new rules for the opposition. Its function is strictly procedural: to notify interested parties that there is an active legal challenge against the selection process and to give them the opportunity to appear as a defendant party in the proceedings.

In practical terms, INGESA acts as the main defendant, but any candidate with a legitimate interest in maintaining the call has the right—and the convenience—to also appear before the court to defend their position. If they do not do so within the deadline, the legal proceedings will continue without their ability to intervene.

Economic and operational impact

The direct impact is not economic in terms of business costs, but rather professional and labor-related for candidates. The positions called are for permanent statutory personnel in Ceuta and Melilla, which implies long-term job stability in the public healthcare system managed by INGESA.

If the challenge succeeds and the court suspends or annuls the call, candidates who have passed phases of the selection process would lose their obtained results. This means the loss of time and resources invested in preparation, travel, and participation fees, in addition to delays in stabilizing their employment situation.

For INGESA, a potential annulment would require restarting the process from the call stage, with the administrative and time costs that entails. The appearance of candidates as co-defendants strengthens the defense of the call and can be decisive for the outcome of the litigation.

Who does it affect?

• Admitted candidates in the competitive examination call for Nursing Assistant positions at INGESA in Ceuta and Melilla (May 2026 call).
• Participants who have already passed some phase of the selection process and have a legitimate interest in maintaining the call.
• Candidates on waiting lists or with expectations of a position in that process.
• Trade unions and personnel representatives with an interest in the outcome of the selection process.
• INGESA itself, as the calling body and main defendant in the challenge.

Practical example

A candidate who applied for the INGESA Nursing Assistant opposition in Ceuta, passed the theoretical exam and is pending the merit review phase, receives notification of the summons through the BOE of October 26, 2026.

They have 9 business days from that date to go to the TSJ of Andalusia, Ceuta and Melilla (office in Seville) and appear as a defendant party in litigation 584/2026. To do this, they need to act with a lawyer and attorney authorized before that court. If they do not appear within the deadline, the trial will proceed without their participation and they will not be able to argue or provide evidence in defense of the call. If the court rules in favor of CCOO, the selection process could be annulled and their exam result would have no effect.

What should candidates do now?

1. Verify if you participate in the affected call: Check if you were admitted to the competitive examination for Nursing Assistant positions at INGESA in Ceuta or Melilla called in May 2026. If so, this summons directly affects you.
2. Act within the 9 business days: The deadline runs from October 26, 2026. Do not wait until the last day. Contact an administrative law and civil service examination specialist immediately.
3. Hire a lawyer and attorney: To appear before the TSJ of Andalusia, Ceuta and Melilla (Seville office) it is mandatory to have legal representation authorized before that court. Look for professionals with experience in challenges against public employment calls.
4. Formally appear as a defendant party: Your lawyer will file the appearance brief before the Administrative Litigation Division of the TSJ, identifying you as interested in the call and requesting to be considered a party in proceedings 584/2026.
5. Follow the status of the challenge: Once you have appeared, you will have access to the file and will be able to know the arguments of CCOO and INGESA, and provide your own if appropriate.

Official source

View complete regulation at official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-22433