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Madras High CourtWP/8888/2026dismissed

P.Parthikrajan v. Government Of Puducherry

2026-06-11Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice N.Senthilkumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-06-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR and W.M.P.Nos.9768 & 9769 of 2026 P.Parthikrajan S/o.D.Packirisamy ..Petitioner in both W.Ps.

Vs

1. Government of Puducherry, represented by its Secretary to Government, Personnel and Administrative Reforms Department (Personnel Wing), Chief Secretariat, Gubert Avenue, Puducherry - 605 001.

2. The Under Secretary to Government, Department of Personnel and Administrative Reforms, (Personnel Wing), Government of Puducherry, Chief Secretariat, Gubert Avenue, Puducherry - 605 001.

3. The Registrar, Central Administrative Tribunal, Chennai Bench, (Circuit Sitting at Pondicherry) High Court Campus, Chennai-600 104.

..Respondents in both W.Ps.

W.P.No.8888 of 2026 filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records of the order dated 14.11.2025 in O.A. No.310/01386 of 2024 passed by the Central Administrative Tribunal, Chennai Bench (Circuit sitting at Pondicherry)

the third respondent herein and quash the same and direct the first respondent to recommend to the LG/Administrator to exercise power under Rule 6 of the Recruitment Rules and relax the age criterion specified in Clause 3 of the Notification No.A-34012/7/E1/2024/DP & AR (EXAM) dated 22.08.2024 issued by the Department of Personnel and Administrative Reforms (Personnel Wing) Government of Puducherry, second respondent herein, for being eligible to writ the Tier-I and Tier-II by another two years for the OBC communal categories for the post of Assistant (Group "B" NonGazetted, Ministerial) in the Department of Personnel and Administrative Reforms (Personnel Wing) Puducherry in the peculiar circumstances of the case.

W.P.No.9048 of 2026 filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to open the sealed cover containing the results of candidates with their Roll Nos. including the roll number 79007 of the petitioner and select and appoint the petitioner as Assistant (Group "B" Non-Gazetted, Ministerial) in the Department of Personnel and Administrative Reforms (Personnel Wing), Puducherry pursuant to Notification No.A-34012/7/E1/2024/DP & AR (EXAM), dated 22.08.2024 issued by the Department of Personnel and Administrative Reforms (Personnel Wing), Government of Puducherry if the petitioner comes within the zone of selection for the post of Assistant under the OBC category based on the marks secured by the petitioner in the Tier-II examination conducted on 22.06.2025 by the second respondent. For Petitioner :

[in both W.Ps.] Mrs.Nalani Chidambaram, Senior Counsel for Ms.C.Uma For Respondents :

[in both W.Ps.] Mr.R.Syed Musthafa, Special Government Pleader (Puducherry) [R1 & R2] Tribunal (CAT) [R3] *****

COMMON ORDER (Made by S.M.Subramaniam J.) The present writ petitions have been instituted challenging the order of the Central Administrative Tribunal, Chennai Bench, dated 14.11.2025 passed in O.A. No.310/01386 of 2024 and for a direction to the second respondent to appoint the petitioner as Assistant (Group "B" Non-Gazetted, Ministerial) in the Department of Personnel and Administrative Reforms (Personnel Wing), Puducherry, pursuant to Notification No.A-34012/7/E1/2024/DP & AR (EXAM), dated 22.08.2024 issued by the Department of Personnel and Administrative Reforms (Personnel Wing), Government of Puducherry.

2. The original applicant before the Central Administrative Tribunal is the writ petitioner before this Court. The application was filed seeking a direction to respondents to accept the offline application of the writ petitioner and permit him to participate in the selection process for the post of Assistant, pursuant to recruitment notification dated 22.08.2024 by granting suitable age relaxation.

3. The prescription of age, educational qualification criteria for appointment are policy matters and the prerogative of the employer. The criteria for recruitment has been notified. Thus, the age limit prescribed in the notification is binding on the candidates, who are aspiring to secure public employment through open competitive process. Admittedly, in the present

case, the writ petitioner was over aged and not allowed to participate in the process of selection.

4. Learned Senior Counsel appearing for the writ petitioner would submit that pursuant to the interim order of the Court, the writ petitioner was permitted to write the written examination. Such interim order would not confer any right to claim age relaxation or final order from the Tribunal or the High Court to relax the age limit fixed under the recruitment notification. Interim orders passed by the Courts are always subject to the final orders and if the case is finally decided against the petitioner, then the petitioner cannot claim any benefit from and out of the interim orders granted. Therefore, merely participating in the written examination pursuant to the interim order would not be a ground to seek age relaxation either before the Tribunal or before the High Court.

5. Granting relaxation of age and educational qualification criteria for appointment cannot be considered by the Courts. In any event, granting any such relaxation of age would result in causing discrimination amongst candidates, who are all otherwise eligible in terms of the recruitment notification. That apart, it is a policy matter and therefore, would fall beyond the realm of judicial review under Article 226 of the Constitution of India. The Central Administrative Tribunal has considered the legal principles in right perspective and relied on the judgments of the Hon'ble Supreme Court. This

Court does not find any infirmity in the order of the Central Administrative Tribunal, which is impugned.

Accordingly, these writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.,J.) (N.S.,J.) 11-06-2026 Index: Yes Speaking order gm To

1. The Secretary to Government, Personnel and Administrative Reforms Department (Personnel Wing), Chief Secretariat, Gubert Avenue, Puducherry - 605 001.

2. The Under Secretary to Government, Department of Personnel and Administrative Reforms, (Personnel Wing), Government of Puducherry, Chief Secretariat, Gubert Avenue, Puducherry - 605 001.

3. The Registrar, Central Administrative Tribunal, Chennai Bench, (Circuit Sitting at Pondicherry) High Court Campus, Chennai-600 104.

S.M.SUBRAMANIAM, J.

AND N.SENTHILKUMAR, J.

gm 11-06-2026