HONOURABLE MR.JUSTICE K.KUMARESH BABU W. P.(MD) No.16974 of 2025and W.M.P.(MD) Nos.12887 & 12888 of 2025 K.Raja Priya … Petitioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date of Reserving the Order Date of Pronouncing the Order
22.10.2025 26.11.2025
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W. P.(MD) No.16974 of 2025and
W.M.P.(MD) Nos.12887 & 12888 of 2025
K.Raja Priya … Petitioner
-vs-
1.The State of Tamil Nadu
Rep.by its Secretary
Department of Water Resource (OPI-1) St., George Fort, Chennai – 9.
2.The State of Tamil Nadu,
Rep., by its Secretary,
Department of Human Resource Management (U), St., George Fort, Chennai -9.
3.The Secretary,
Tamil Nadu Public Service Commission (TNPSC), TNPSC Road, Park Town, Chennai – 600 003.
4.The District Educational Officer,
Thiruppathur,
Sivagangai District – 63. … Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the entire records connected with the impugned Letter by the 1st respondent in No.3632/OPI-1/2024-1, dated 08.07.2024 and consequent impugned order passed by the third respondent in Memorandum No.6813/PSD-G2/2019, dated 25.04.2025 and quash the
same and directing the first respondent to permit the petitioner in the service in the post of Assistant Section officer as per the appointment letter No.e-3484/U1/2024-2, dated 31.05.2024 with all attendant and monetary benefits and regularisation of service from the date of joining 19.06.2024.
For Petitioner : Mr.K.Kannan
For Respondents : M/s.P.B.Ahamed Yashmin Parvin for RR1,2 &4
Mr.V.Panneer Selvam for R3
O R D E R
The Writ Petition had been filed to quash impugned Letter by the 1st respondent, dated 08.07.2024 and consequent impugned order passed by the third respondent, dated 25.04.2025 and directing the first respondent to permit the petitioner in the service in the post of Assistant Section officer as per the appointment letter, dated 31.05.2024 with all attendant and monetary benefits and regularisation of service from the date of joining 19.06.2024.
2. Heard Mr.K.Kannan, learned counsel appearing for the petitioner and Ms.P.B.Ahamed Yashmin Parvin learned counsel appearing for the first, second and fourth respondents and Mr.V.Panneer Selvam, learned counsel appearing for the third respondent.
3. The learned counsel appearing for the petitioner would submit that the petitioner had joined as a Junior Assistant in the private aided school in the year 2016, which is a sanctioned post. While that being so, the third respondent had issued a notification on 23.08.2022 inviting applications for the recruitment to the posts of Assistant Section Officer/ Assistant in Tamil Nadu Secretariat service including in Group-5A services by transfer from among the holders of the post of Junior Assistants/ Assistants in ministerial services.
4. The petitioner had applied for the post of Assistant Section Officer under the said notification as he had requisite qualification. He would submit that after getting permission from the fourth respondent/ Department, he had applied for a NOC through the third respondent portal and the third respondent had permitted the petitioner to appear for the written examination and he was also issued with a hall ticket for examination. The petitioner got 73rd rank in general and was placed in 36th rank as per roster. The petitioner was also called for certificate verification which was also successfully completed.

5. By a communication dated 15.04.2024, the third respondent had also issued an intimation that the petitioner had been provisionally selected for appointment. By a communication dated 31.05.2024, the petitioner was also directed to report for duty in the Water Resource Department. Thereafter, the petitioner had approached the fourth respondent for a relieving order and the petitioner was relieved from service by an order of the fourth respondent on 22.03.2024. On reporting to duty, the petitioner was also posted in the ISection of the first respondent/ Department and was also deputed for foundational course training in the Secretariat Training Institute on
01.07.2024.
6. When that being so, by an impugned letter dated 08.07.2024, the appointment of the petitioner was with held for the reason that the selection has not been made by the method prescribed under Rule 5 category 1(a)(4) of the Tamil Nadu Secretariat Service Rules and that the petitioner will be intimated with regard to the state of appointment after getting necessary clarifications from the Tamil Nadu Public Service Commission. He would further submit that before issuing the said order, the petitioner was not served with any show cause notice and there has been a complete violation of
principles of natural justice.

7. Under the further impugned order dated 25.04.2025, the third respondent had passed an order of cancellation of selection indicating that the petitioner who was holding the post of Junior Assistant in the Government aided school cannot be a part of the Tamil Nadu ministerial service which was a post held not being selected through TNPSC and also for not having the prescribed qualifications in the Tamil Nadu Ministerial service and therefore, the wrong claim of the service in the application for the recruitment, her selection had been cancelled. He would submit that the petitioner’s appointment in a Government aided institution is equal to that of a Government servant as the petitioner is also being paid the Government salary. In that context, he had also relied upon the judgment of the Full Bench of this Court reported in 2007 5 CTC 561 and the judgment of the Hon’ble
Apex Court made in SLP. Civil No.19436 of 2024.

8. Countering his arguments, the learned Standing Counsel appearing on behalf of the third respondent would contend that as per the notification, the petitioner does not have the prescribed qualification as she had been only appointed as a ministerial staff under the private aided school. A ministerial staff working in the private aided school cannot equate them to be a Government servant under the Tamil Nadu ministerial services for recruitment by transfer under the Tamil Nadu Secretariat Service Rules.

9. He would submit that only staffs who will come under the Tamil Nadu ministerial service or the Tamil Nadu Judicial Service are alone entitled to be considered. Taking this Court to Rule 1 of the Tamil Nadu Ministerial Services, he would submit that a Junior Assistant working in a private unaided educational institution have not been brought into any of the categories mentioned in the said Rule. He would further contest that claim of the petitioner by indicating that the Tamil Nadu ministerial Service Rules does not govern the appointment procedure in respect of the private aided institutions where the appointments are made by the respective aided institutions and only an ex-post facto approval is sought from the Educational Department for grant of grant-in-aid to disburse the salary to such approved appointees. Hence, he would submit that the petitioner has misunderstood the scope of his appointment and therefore, the respondent has rightly canceled the selection.

10. learned Government Advocate appearing for the respondents 1 & 2 on the other hand would submit that as per the Provisions of Rule 5 to the post of Assistant Section Officer in Department of Secretariat other than Law and Finance Department in the Governor Secretariat, three modes of appointment have been provided such as by promotion, direct recruitment and recruitment by transfer. The recruitment that has been notified was a recruitment by transfer which is governed under Sub Clause 4 of (1)(a) of the Table which mandates that such recruitment by transfer to be made from the category of Assistants in the Tamil Nadu Ministerial Service or the Tamil Nadu Judicial Ministerial Service. Similarly, to the post of Assistant Section Officers in the Finance Department, under Rule 5 for recruitment of transfer either to the post of Assistant Section Officer, Finance Department or any other Department other than Law and Finance can be made only from persons who are in the category of Assistants in the Tamil Nadu Ministerial Services or in
Tamil Judicial Ministerial Service.

11. She would contend that the petitioner who admittedly is only a Junior Assistant is not entitled to participate in the selection process and even if the notification had been issued calling for applications of Junior Assistants in view of the Rule 5, Junior Assistants working either in the Tamil Nadu Ministerial service or the Tamil Nadu Judicial Service could not be entitled to be appointed. Therefore, she seeks dismissal of the Writ Petition.

12. I have considered the submissions made by the learned counsels appearing on either side and perused the materials available on record before this Court.
13. The petitioner claims that he had been appointed as a Junior Assistant in a private aided institution which post was also approved by the fourth respondent in its proceedings dated 04.04.2017. Pursuant to the notification issued by the third respondent inviting applications from eligible candidates from among the holders of post of Junior Assistant or Assistant in the Tamil Nadu Ministerial Services/ Tamil Nadu Judicial services, he had made an application for the post of Assistant Section Officers under the Tamil
Nadu Secretariat Service Rules.

14. A perusal of the notification issued by the third respondent on 23.08.2022 categorically indicates that it had invited applications from eligible candidates for the post of Assistant Section Officer/ Assistants in Tamil Nadu Secretariat Services included in Group 5A services from the holders of the post of Junior Assistant or Assistant in the Tamil Nadu Ministerial Services/ Tamil Nadu Judicial Services. The post that had been notified in the said vacancy is for the Assistant Section Officer in the Departments other than Law and Finance and the Finance Department. A perusal of the Tamil Nadu Secretariat Service Rules would indicate that for recruitment by transfer to the aforesaid post can be made only from the category of Assistants either working in the
Tamil Nadu Ministerial Services or the Tamil Nadu Judicial Service.

15. As rightly pointed out by the learned Government Advocate, the notification issued by the third respondent is wholly in contravention of the aforesaid Rule as a Junior Assistant working in the Tamil Nadu Ministerial Service or Tamil Nadu Ministerial Services are not entitled to be appointed as
Assistant Section Officer under the Tamil Nadu Secretariat Service Rules.

16. A perusal of the notification issued by the third respondent would indicate that as regards to the service qualification for Assistant Section Officer in the Finance Department, they had rightly indicated that the candidates should have been working in a category of an Assistant inclusive of his service rendered even in the post of Junior Assistant. However, as regards to the Assistant Section Officer in the Secretariat other than Law and Finance Departments the service qualification has been noted as drafting experience for a period of not less than 5 years in the post of Junior Assistant/ Assistant or in both the post together. Such qualification made in the notification relates to Rule 14 which the candidate apart from Rule 5 should possess as other qualifications. Therefore, this Court is of the view that the third respondent had issued a erroneous notification inviting applications contrary to the Tamil Nadu Secretariat Service Rules. It would only mean that even if the petitioner would have got qualified on the said erroneous notification and issued posting orders, he cannot be continued in service in violation of the Rules governing the Secretariat Services which had been issued under Article 309 of Constitution of India, as he would have no authority to hold such post without having the required eligibility.

17. In that process, the petitioner had also lost his job as Junior Assistant in a private aided college which has also been approved by the fourth respondent. The fourth respondent has also faulted in granting a No Objection Certificate for the petitioner to participate in the recruitment process. For no fault of the petitioner, the petitioner had lured into participating in the selection process by the erroneous notification issued by the third respondent and had also lost his job as Junior Assistant which is a sanctioned post in a private aided institution and approved by the fourth respondent.

18. This Court can only place sympathy on the petitioner in respect of his appointment that he had secured by participating in the open competition conducted by the third respondent. However, considering the entire mistake that had been committed by the third respondent, this Court is of the view that the petitioners could be at least compensated monetarily for the loss of his job which he had secured in the Government aided institution and approved by the Education Department.

19. Before parting with the case, this Court had an occasion to deal with a similar issue where a similar erroneous notification had been issued and after declaring the results of the selected candidates by an addendum had changed the qualification which this Court had dealt with in W.P.(MD).Nos. 18647 & 18802 of 2025. This Court calls upon the third respondent at least in future not to issue such erroneous notification calling for applications from ineligible candidates.
20. For the aforesaid reasons, this Court is unable to entertain the Writ Petition and accordingly, the Writ Petition stands dismissed. But, however, the third respondent is directed to pay a sum of Rs.10,00,000/- to the petitioner for the erroneous notification upon which the petitioner had left his job which has been approved by the Educational Department in an unaided institutions.
Consequently, connected Miscellaneous Petitions are closed.

26.11.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Gba
To:
1.The State of Tamil Nadu
Rep.by its Secretary
Department of Water Resource (OPI-1) St., George Fort, Chennai – 9.
2.The State of Tamil Nadu,
Rep., by its Secretary,
Department of Human Resource Management (U), St., George Fort, Chennai -9.
3.The Secretary,
Tamil Nadu Public Service Commission (TNPSC), TNPSC Road, Park Town, Chennai – 600 003.
4.The District Educational Officer, Thiruppathur,
Sivagangai District – 63.
K.KUMARESH BABU, J.
Gba
PRE-DELIVERY ORDER IN
W.P.(MD) No.16974 of 2025 and W.M.P.(MD) Nos.12887 & 12888 of 2025
26.11.2025