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Madras High CourtWP(MD)/148/2026dismissed

Raja P v. The Government Of Tamilnadu

2026-01-06Honourable Mr Justice B.Pugalendhi7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.01.2026

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.148 of 2026 and WMP(MD)Nos.134 and 135 of 2026 P.Raja ... Petitioner Vs

1. The Government of Tamilnadu, Rep. by its Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.

2. The Director, Institute of Road Transport (IRT), Tharamani, Chennai - 600 113.

3. The Managing Director, Tamil Nadu State Transport Corporation (Kumba) Ltd., Kumbakonam, Thanjavur District.

4. The General Manager, Tamil Nadu State Transport Corporation (Kumba) Ltd., Periyamilaguparai, Trichy Region, Tiruchirappalli District.

... Respondents 1/7

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider and appoint the petitioner to the post of Drivercum-Conductor based on the valid HMV Transport License and experience certificate without insisting illegal and discriminatory conditions mentioned in para 4(<) in call letter dated 11.09.2025. For Petitioner : Mr.N.Sudhagar Nagaraj For R1 : Mr.C.Venkatesh Kumar, Special Government Pleader For R2 to R4 : Mr.Ajmalkhan, Additional Advocate General assisted by Mr.S.C.Herold Singh

ORDER

The petitioner has applied for the post of Driver-cum-Conductor pursuant to the Notification dated 20.03.2025 issued by the 2nd respondent. He attended the written examination and secured marks above the prescribed cut-off marks. The 4th respondent has issued a call letter dated 11.09.2025. The petitioner has duly appeared before the 4th respondent on 10.10.2025 and his certificates were also verified. However, the 4th respondent has refused to consider his candidature citing lack of 18 month's experience, as per the qualification conditions 2/7

as mentioned in para 4(<) of the call letter dated 11.09.2025.

2. According to the petitioner, para 4(c) of the Notification dated 20.03.2025 exempts the candidates, who have obtained HMV license after training in IRT, from the experience requirement. However, he was refused only because the license was obtained through RTO instead of IRT, which is wholly untenable. According to him, these requirements are contrary to Section 4(2) of the Motor Vehicles Act, 1988. As per Section 4(2) of the Motor Vehicles Act, the minimum age for driving a transport vehicle in a public place is 20 years. Since he is now 27 years old and he has possessed a valid HMV driving license, he is fully qualified for the said post. Further, the 2nd and 4th respondents, without any Government Order, imposed additional qualification arbitrarily discriminating persons having valid RTO license.

Therefore, the petitioner has filed this writ petition seeking a direction to the respondents to consider his candidature and appoint him to the post of Driver-cum-Conductor based on the valid HMV Transport License and experience certificate, without insisting the conditions mentioned in para 4(<) of the call letter dated 11.09.2025.

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3. The prayer sought for in this writ petition cannot be accepted. The petitioner, without challenging the Notification dated 20.03.2025, has challenged the refusal of his candidature.

4. Therefore, this writ petition is dismissed with liberty to the petitioner to challenge the Notification dated 20.03.2025, if he is so advised. No costs. Consequently, connected miscellaneous petitions are closed.

06.01.2026 ogy Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

To Secretary to Government, Transport Department, Secretariat, Chennai - 600 009.

2. The Director, Institute of Road Transport (IRT), Tharamani, Chennai - 600 113.

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3. The Managing Director, Tamil Nadu State Transport Corporation (Kumba) Ltd., Kumbakonam, Thanjavur District.

4. The General Manager, Tamil Nadu State Transport Corporation (Kumba) Ltd., Periyamilaguparai, Trichy Region, Tiruchirappalli District.

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B.PUGALENDHI, J.

ogy WP(MD)No.148 of 2026 06.01.2026 7/7