M. Sakthivel v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and W.M.P.Nos.26728 and 26729 of 2025 M.Sakthivel ... Petitioner Vs.
1.The Secretary to Government, Electricity Department, No.137, N.S.C.Bose Road, Puducherry - 605 001.
2.The Superintending Engineer cum Head of Department, Electricity Department, No.137, N.S.C.Bose Road, Puducherry - 605 001.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Notification No.1-22/ED/OSD/Estt./A4/2023, dated 04.04.2025 issued by the 2nd respondent and quash the same with respect to age ceiling of 32 years as on 25.04.2025 and to fix the age ceiling as 36 years of age and consequently direct the 2nd respondent to treat the 1/5
petitioner as an eligible candidate based on the petitioner's representation and application submitted in-person on 30.04.2025. For Petitioner : Mr.S.Angamuthu For Respondents : Mr.G.Djearany Government Advocate (Pondy)
O R D E R
The instant writ petition has been filed with a prayer for issuing a certiorarified Mandamus, to call for the records pertaining to the impugned Notification No.1-22/ED/OSD/Estt./A4/2023, dated 04.04.2025 issued by the 2nd respondent and quash the same with respect to age ceiling of 32 years as on 25.04.2025 and to fix the age ceiling as 36 years of age and consequently direct the 2nd respondent to treat the petitioner as an eligible candidate based on the petitioner's representation and application submitted in-person on 30.04.2025.
2. The learned counsel for the petitioner would submit that the Government has issued a Notification on 04.04.2025 calling for an application for the post of Construction Helper. According to the Notification, there are 177 vacancies. It is the further submission of the petitioner that the maximum age to apply for the said post is 32 as on 2/5
25.04.2025, whereas, the petitioner is over aged by 9 days. Hence, the present writ petition has been filed.
3. At this juncture, the learned Government Advocate (Pondicherry) would strongly contend that this Court, while exercising the power of Judicial review, cannot grant any concession beyond the Notification issued by the recruiting agencies.
4. Heard the learned counsel for both sides and perused the materials available on record.
5. It is a settled principle of law that whenever a recruitment Notification contains any stipulations, this Court, while exercising the power of Judicial review, cannot grant any concession, a position that has been settled by the Hon'ble Supreme Court in State of Tamil Nadu represented by its Secretary Vs. G. Hemalathaa, reported in 2019 SCC Online SC 1113. In view of the legal position, this Court does not find any merit in the present writ petition.
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6. In result, this writ petition is dismissed. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. 07.07.2025 jas Index : Yes/No Speaking order /Non Speaking Order To 1.The Secretary to Government, Electricity Department, No.137, N.S.C.Bose Road, Puducherry - 605 001.
2.The Superintending Engineer cum Head of Department, Electricity Department, No.137, N.S.C.Bose Road, Puducherry - 605 001.
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C.KUMARAPPAN, J.
jas and W.M.P.Nos.26728 and 26729 of 2025 07.07.2025 5/5