Tamil Nadu public Service Commisison vs A.REKHA

2026:MHC:3055
WA NO.2103 OF 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.07.2026
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR
W.A.NO.2103 OF 2024
AND
CMP NO.14807 OF 2024
1.Tamil Nadu Public Service Commission
Rep. By its Secretary
TNPSC Road, Broadway,
Chennai – 600 003.
2.The Controller of Examinations
Tamil Nadu Public Service Commission
TNPSC Road, Broadway,
Chennai – 600 003. … Appellants
Vs.
Tmt.A.Rekha … Respondent
PRAYER : Writ Appeal filed under Clause 15 of Letters Patent praying to
set aside the order dated 11.10.2023 passed in W.P.No.17853 of 2020.
For Appellants : Mr.K.Karthik Jaganath
Standing Counsel for TNPSC

For Respondent : Mr.K.V.Sanjeev Kumar

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2026:MHC:3055
WA NO.2103 OF 2024
J U D G M E N T
(Judgment of the Court was made by S.M.Subramaniam, J.)
Tamil Nadu Public Service Commission is the appellant in
the present intra Court appeal. The respondent filed a writ petition
seeking a direction to the Controller of Examinations, Tamil Nadu Public
Service Commission to permit her to upload the scanned copy of the
documents in support of her claim made in the online application, for
certificate verification, in pursuance to the provisional admission for the
post of Assistant Tourist Officer Grade – II, included in Tamil Nadu
General Subordinate Service 2018-2019 and consequently permit the
respondent to participate in the oral test (interview).
2.The respondent applied for selection to the post of
Assistant Tourist Officer Grade – II in pursuance to the Recruitment
Notification issued by the Tamil Nadu Public Service Commission. 42
vacancies were notified. Applications were invited and submitted through
online. Written examination was conducted on 29.09.2019. The
respondent was successful in the written examination. On 16.10.2019,
the list of provisionally admitted candidates was released by the
appellants. Accordingly, the appellants issued Press Release No.38 of
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2020 dated 22.10.2020 providing information that the provisionally
selected candidates had to upload their documents for certificate
verification from 26.10.2020 to 05.11.2020. Admittedly, the respondent
could not upload the documents for certificate verification. The reason
stated by the respondent is that, during October and November 2020, the
COVID-19 pandemic was at its peak, and therefore, she went to her
native place at Tirunelveli and hence, she was unable to upload the
documents. Her attempt to upload the documents failed and she
contacted the officials of the Tamil Nadu Public Service Commission.
However, no assistance was provided. Based on the said reason, the
Writ Court allowed the claim of the respondent and issued appropriate
directions. Thus, the present intra Court appeal.
3.The learned counsel for the appellants would mainly
contend that instructions were issued to the provisionally selected
candidates to upload their documents for certificate verification during the
period from 26.10.2020 to 05.11.2020. Ten days time was granted for
uploading the documents. Nearly 144 candidates uploaded their
documents and on completion of the certificate verification process and
the conduct of the oral test, the selected candidates were appointed. In
the event of admitting the candidates, based on such individual personal
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2026:MHC:3055
WA NO.2103 OF 2024
reasons, it will result in opening a Pandora's box, as several other
candidates who failed to upload their documents would also seek the
very same relief.
4.The issue in respect of the very same recruitment process
has been decided by a Division Bench of this Court in The Secretary,
Tamil Nadu Public Service Commission Vs. The Additional Chief
Secretary to Government, Tourism, Culture and Religious
Endowment Department, in W.A.No.567 of 2021 dated 24.04.2024.
The facts in the said case are in connection with the very same
Recruitment Notification dated 22.07.2019. In respect of the Division
Bench judgment, the candidates were suffering from COVID-19 and even
in those circumstances, the Division Bench held that the instructions
given by the Tamil Nadu Public Service Commission is to be followed
scrupulously. Such personal reasons cannot be a reason to allow the
candidates to upload their documents, after the expiry of the date notified
by the Tamil Nadu Public Service Commission. Paragraph Nos.12 and
13 of the said judgment reads as under;
“12.In the case on hand, the Writ Court has
granted the relief to the second respondent / writ
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petitioner on a sympathetic consideration on
humanitarian ground. Inspite of finding that the
second respondent/writ petitioner has failed to
comply with the instructions of notice of certificate
verification dated 22.10.2020, the Writ Court granted
the relief, ignoring the mandatory nature of the
instructions. It cannot be said that such exercise of
discretion should be affirmed by us, especially when
such exercise is in the teeth of the instructions,
which are binding on the candidates taking the
examination.
13.In the light of the specific instructions
issued by the appellate Commission dated
22.10.2020 and the decisions cited supra, the claim
of the petitioner is legally unsustainable and the
order of the Writ Court warrants interference.”
5.Pertinently, the Hon’ble Supreme Court in the case of
State of Tamil Nadu Vs. G.Hemalathaa , reported in (2020) 19 SCC 430
reiterated the principles as follows:
“8.We have given our anxious consideration
to the submissions made by the learned Senior
Counsel for the Respondent. The Instructions issued
by the Commission are mandatory, having the force
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of law and they have to be strictly complied with.
Strict adherence to the terms and conditions of the
Instructions is of paramount importance. The High
Court in exercise of powers under Article 226 of the
Constitution cannot modify/relax the Instructions
issued by the Commission.
9. . . .
10.In spite of the finding that there was no
adherence to the Instructions, the High Court
granted the relief, ignoring the mandatory nature of
the Instructions. It cannot be said that such exercise
of discretion should be affirmed by us, especially
when such direction is in the teeth of the Instructions
which are binding on the candidates taking the
examinations.
11. . . .
12. . . .
13.After giving a thoughtful consideration, we
are afraid that we cannot approve the judgment of
the High Court as any order in favour of the
candidate who has violated the mandatory
Instructions would be laying down bad law. The
other submission made by Ms. Mohana that an order
can be passed by us under Article 142 of the
Constitution which shall not be treated as a
precedent also does not appeal to us.”
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6.The learned counsel for the respondent would submit that
during COVID – 19 pandemic, several candidates suffered and the
respondent went to her native place at Tirunelveli. She made several
attempts to upload the documents, but she failed in her attempts. She
contacted the officials of the Tamil Nadu Public Service Commission but
could not be able to obtain any assistance. Taking into consideration the
extraordinary circumstances, the Writ Court granted the relief sought by
the respondent.
7.This Court is of the considered view that when 144
provisionally selected candidates were able to upload their documents
during the COVID-19 period, non-uploading of documents by a few
candidates, on certain personal reasons, if considered, would derail the
process of selection and this exactly is the reason why the Courts have
repeatedly held that the instructions issued by the recruiting agency for
selection must be scrupulously followed. Any misplaced sympathy in
matters of selection would cause prejudice the interests of other selected
candidates. The Hon'ble Supreme Court also held that the High Court,
while exercising its power of judicial review, cannot grant any relaxation
in respect of the rules or the instructions issued by the recruiting agency,
governing the selection process.
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2026:MHC:3055
WA NO.2103 OF 2024
8.For all these reasons, the writ order impugned dated
11.10.2023 passed in W.P.No.17853 of 2020 is set aside and the writ
appeal stands allowed. However, there shall be no order as to costs.
Consequently, connected Civil Miscellaneous Petition is closed.
[S.M.S., J.] [N.S., J.]

17.07.2026
Index : Yes
Speaking Order : Yes
Neutral Citation : Yes
TK
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2026:MHC:3055
WA NO.2103 OF 2024
S.M.SUBRAMANIAM, J.
AND
N.SENTHILKUMAR, J.
TK
W.A.NO.2103 OF 2024

17.07.2026
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