SUO-MOTU vs The Registrar General,

2026:MHC:2406
Suo-motu W.P.No.5497 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 22.06.2026
PRONOUNCED ON : 01.07.2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE N.SENTHILKUMAR
WP No. 5497 of 2024
Suo-motu Writ Petition
..Petitioner(s)
Vs
1. The Registrar General,
High Court, Madras.
2. K.Vedhambika
3. S.Mahalakshmi
4. P.Arulmurugan
5. M.Jayasree
6. M.Kannan
7. A.Pavithraa Devi
8. N.Sharmila
9. M.Arivuchudar
10. G.Vigneshwaran
11. D.Priyanka-I
12. K.P.Kumaresh Prasad (now Working As
Typist)
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13. R.Jawahar
14. S.Hemalatha
15. S.Thiyagarajan
16. V.Chandana
17. S.Swathi-I
18. S.Pradeep
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India
issuing writ of declaration for the reasons stated in the accompanying order
passed by the Division Bench dated 20.02.2024 and in concurrence with
the Hon’ble Chief Justice to initiate it as Suo-Motu Writ Petition, it is humbly
prayed that this Court may be pleased to issue a Writ, order or direction
more particularly in the nature of a Writ of Declaration, declaring the Rule
14-A of the Madras High Court Service Rules requires re-evaluation and to
be re-visited and further to test the validity of the selection process and the
appointment of Respondents 2 to 18 to the post of PA to the Hon’ble
Judges in the High Court of Madras made as per circular dated 07.06.2023.
For Petitioner(s): Suo-motu WP
For Respondent(s): Mr. B. Vijay for R1
Mr.P.S.Raman, Senior Counsel for
Mr.C.Vigneswaran and
Mr.P.Vasanthakumar for R2-11,13-18
No appearance for R12
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Suo-motu W.P.No.5497 of 2024
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
The Division Bench of this Court, vide Order dated 20.02.2024, had
taken suo motu cognisance with reference to the alleged irregularities in the
process of selection for appointment to the post of P.A. to Hon’ble Judges
in the High Court of Madras.
2. On perusal of the relevant files, it was noted that a circular was
issued on 07.06.2023, inviting applications for selection to the post of P.A.
to Hon'ble Judges from the staff members working in the cadre of Technical
Assistant to Librarian, Assistant Section Officers including Translators and
Assistant Court Fee Examiners, Personal Assistant (to the Registrars),
Senior Typist, Computer Operator, Personal Clerk (to the Deputy
Registrars), Assistant, Typist, Reader/Examiner, Telephone Operator,
Cashier, Xerox Operator.
3. The eligibility criteria for the aforementioned post, as stipulated
under Rule 14A of the Madras High Court Service Rules, 2015, are as
follows:
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Suo-motu W.P.No.5497 of 2024
Sl.
Name of
Qualification Required Mode of
Scale of pay
No.
the post
Appointment
1. Personal
(a). Any Bachelor
(i) By
Assistant to
Degree in Science, Arts,
selection on
the Hon'ble
Commerce,
merit from
Judges
Engineering, Medicine,
categories 4
or any other discipline of
to 11 in
a Recognised University
Division – II.
in Indian Union, in
10+2+3 or 11+1+3
On such
pattern;
selection from
categories 4
(b).Must have passed
to 11 in
the Government
Division- II,
Technical Examination
Level 22-
the
in Shorthand and
Rs.56100
appointment
Typewriting in English
-205700 +
of such
Higher Grade
Spl. Pay
persons shall
be treated as
(c). Must have passed
“recruitment
the Certificate Course in
by transfer”
Computer on Office
Automation conducted
(ii) In case,
by the Directorate of
requisite
Technical Education.
number of
candidates do
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(i)However, candidates
not qualify in
who do not possess the
the selection
qualification mentioned
on merit as
in clause (c) above,
mentioned in
viz.-. Certificate Course
clause (i)
in Computer on Office
above, then
Automation may also
by direct
apply for appointment
recruitment,
by direct recruitment. If
for such
selected, they should
number of
acquire such
unfilled
qualification within the
vacancies.
period of their probation.
(ii) Those who possess
Degree (or) Diploma in
Computer Science (or)
Computer Engineering
as one of the subjects
approved by the
University Grants
Commission/All India
Council for
Education/Directorate of
Technical Education (or)
an equivalent body are
exempted from passing
the "Certificate Course
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2026:MHC:2406
Suo-motu W.P.No.5497 of 2024
in Computer on Office
Automation" conducted
by the Directorate of
Technical Education.
4. The mode of appointment has been described in clause (i) as
"selection on merit". Two modes of such selection are prescribed: first,
' recruitment by transfer '; and second, ' direct recruitment' for the unfilled
vacancies, in case the requisite number of candidates do not qualify under
the first mode. Further, for conducting the Skill Test, the Circular prescribes
certain additional tests, including English proficiency, viz., (i) letter writing;
(ii) hint development; and (iii) writing a passage on a given topic.
5. Further, under the "Qualification Required" column in Rule 14A,
clause (b) specifically mandates that the candidates must have passed the
Government Technical Examination in Shorthand and Typewriting in
English Higher Grade. However, in the circular dated 07.06.2023, it was
informed that even individuals holding lesser qualification, such as
Junior/Intermediate Grade in Shorthand or Typewriting, may be absorbed to
the post of P.A. to Hon'ble Judges on the undertaking that, they will acquire
the requisite technical qualification and equip themselves within a stipulated
period (i.e) two years, from the date of appointment.
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6. This circular, per se runs contrary to Rule 14A. Since Rule 14A
specifically prescribes passing in Shorthand and Typewriting in English
Higher Grade, the circular should have confirmed to these standards.
Instead, the circular has resorted to providing an unjustified extra grace
period, which is clearly contradictory to the said Rule. This sends a wrong
signal to all the potential candidates and is directly infringing upon the Right
to Equality under Article 14 of the Constitution of India. Relaxation of a Rule
through a Circular inviting applications, even before appointment,
undermines the principle of equality and smacks of arbitrariness.
7. Further, technical qualification in Shorthand and Typewriting in
English – Higher Grade is a basic requisite qualification for the post of P.A.
to Hon’ble Judges. Relaxing such a vital condition through a Circular
without valid reasoning can unjustly enrich unqualified candidates, thereby
tilting a level playing field.
8. At the outset, on perusal of the files, it is seen clearly that some of
the candidates are not even eligible to participate in the selection process,
as per Rule 14A. Over-aged candidates and candidates who are under-
qualified were permitted to take part in the selection process. This can be
deduced from the Office memorandum on the file of ROC.NO.16/2023-
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Suo-motu W.P.No.5497 of 2024
CON.ESTT.I, dated 04.08.2023.
9. The relevant portion is extracted hereunder:
"The selection of staff member mentioned at
Sl.No.4 is subject to the outcome of the orders of
the Government for age relaxation under Rule 18
of Tamil Nadu Judicial Ministerial Service Rules,
since she has been appointed in the Madras High
Court Service under the category 'in service
candidate'.
The selection of staff members mentioned at
Sl.Nos. 5 to 14 is subject to the condition that they
should pass the skill test which would be
conducted by the Registry after one year from the
date of their appointment, failing which, they will
be reverted to their substantive post.
The selection of staff members mentioned at
SI.Nos. 15 to 17 is subject to the condition that
they should pass in Senior Grade Shorthand
(English) conducted by Directorate of Technical
Education within two years from the date of their
appointment and the skill test which would be
conducted by the Registry within one year upon
receipt of intimation with regard to passing of
Shorthand Senior Grade (English) by them, failing
which, they will be reverted to their substantive
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Suo-motu W.P.No.5497 of 2024
post.
Fixation of seniority of the staff members
mentioned in the Sl.Nos. 5 to 17 shall be based on
their performance in the skill test that would be
conducted by Registry.
The appointment of the staff members mentioned
in Sl.Nos.15 and 16 as Personal Assistant to the
Hon'ble Judges is subject to the condition that they
shall acquire the qualification viz., Certificate
Course in Computer on Office Automation
conducted by the Directorate of Technical
Education within a period of two years from the
date of their appointment to the post of Personal
Assistant to the Hon'ble Judges."
10. Candidates who does not possess the requisite qualification of
Senior Grade Shorthand (English) were permitted to participate in the
selection process and were also subsequently selected. Thereafter,
unnecessary relaxation was granted to them by giving them two years time
to pass the shorthand test. These are serious transgression of service
rules.
11. When the Rule for the post is clear, as stipulated under Rule 14A
that only selection must be on merit and in case requisite number of
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Suo-motu W.P.No.5497 of 2024
candidates do not qualify in the selection on merit from in-service
candidates, then the selection must be made through direct recruitment
process, thereby opening the gates for potential candidates from open pool.
This also ensures conformity with Article 14 of the Constitution of India, and
prevents the process from being tainted with arbitrariness.
12. Instead, in the present case, candidates with lesser qualification
than what is prescribed in the circular were allowed to participate in the
recruitment process. On top of that, they were selected and relaxation was
granted to cure their ineligibility. This is unnecessary and traverses beyond
the well established principles of service jurisprudence. It also strikes at the
heart of inequality as only in-service candidates are given an undue
advantage here and potential candidates from open pool were not even
permitted to take part in the recruitment process, inspite of Rule 14A
prescribing their participation. So the nature of selection process itself is
tainted with arbitrariness and deserves to be set aside. It can be seen
clearly that standards of merit have not been given enough weightage.
13. It is also shocking to see from the above Office Memorandum that
certain candidates were appointed with a condition that they should pass
the skill test after one year from the date of appointment. This is absurd as
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Suo-motu W.P.No.5497 of 2024
selection process is based on passing the skill test only. But candidates
who have not even passed the skill test were appointed and given a grace
period to clear the test. This negates the very object of conducting a skill
test and selection based on merit.
14. Further, it has come to light that, even in the recruitment process
conducted, several irregularities have been brought to the fore. This can be
inferred from the Letter in Roc.No. 67160-A/2023/JRC dated 19.07.2023 by
the Registrar(Recruitment), High Court, Madras where the details of the skill
test conducted and the evaluation with marks awarded along with
enclosures was forwarded to the Registrar General (i/c), High Court
Madras. This proceedings includes a shocking finding, which is extracted as
hereunder:
"I am further to state that the Additional Registrar
General (i/c) Madurai Bench of Madras High
Court, Madurai along with his letter dated
17.07.2023, has forwarded (1) C.D. with regard to
the CСТV footage of P.A.Section, Madurai Bench
and (2) letter dated 17.07.2023
of the Nodal Officers, viz., Thiru. U.Suresh Kumar,
Assistant Registrar (AS) and Thiru.R.Suresh Babu,
Sub Asst. Registrar (PA Section), Madurai Bench
of Madras High Court, wherein they have stated
that Thiru.S. Muthusubramanian, Assistant
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Suo-motu W.P.No.5497 of 2024
Registrar (Admn.l), Madurai Bench has interacted
with 2 or 3 candidates who attended Senior Grade
test and one candidate who attended Junior Grade
Test and it seems that he would have helped the
candidates for transcription at the time of Skill Test
conducted on 15.07.2023, in the P.A. Section,
Madurai Bench of Madras High Court, Madurai
and in the said letter dated 17.07.2023, the
Hon'ble Administrative Judge of the Madurai
Bench of Madras High Court has passed the
following order:
"The CCTV footage recorded may also
be forwarded to the Registrar
(Recruitment) for appropriate action."
15. The reference Letters in the said proceeding have also been
submitted before this Court and perused. A clear finding on the irregularity
committed by Thiru.S.Muthusubramanian, Assistant Registrar (Admn-I),
Madurai Bench of Madras High Court has been detailed in a Letter dated
17.07.2023 forwarded by the Nodal officers nominated to conduct the skill
test. The letter further reveals that the CCTV footage shows
Thiru.S.Muthusubramanian interacting with 2 or 3 candidates who attended
the Senior test and one candidate who attended the Junior test, which
seems that he would have helped them for transcription.
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16. Also in terms of evaluation of skill test marks, It is seen that
candidates who secured zero marks (0 marks) in transcription have been
selected for the post of P.A. to Hon'ble Judges. This can be seen from the
skill test mark evaluation chart which is extracted as hereunder:
SKILL TEST MARKS OBTAINED BY THE SELECTED CANDIDATES:
PROFICIENCY (10.07.2023) (50
SHORTHAND OUTLINE (10
SHORTHAND OUTLINE (100
No. OF MISTAKES IN
BIOMETRIC
MDS/MDU
NAME
TRANSCRIPTION (90 MARKS)
S.No.
TOTAL TRANSCRIPTION +
MARKS SECURED IN ENG.
TRANSCRIPTION
MARKS)
MARKS)
MARKS)
1 Vedhambika.K 4786 MDS 28 59 8 67 31
2 Mahalakshmi.S 4317 MDU 28.5 52 5 57 38
3 Arulmurugan.P 4349 MDU 34.5 41 7 48 49
4 Jayasree.M 5055 MDS 30 39 7 46 51
5 Kannan.M 4353 MDU 33 29 7 36 61
6 Pavithraa Devi.A 4162 MDU 24 26 8 34 64
7 Sharmila.N 4849 MDS 30 25 8 33 65
8 Arivuchudar.M 4380 MDU 21 23 7 30 67
9 Vigneshwaran.G 3861 MDU 24.5 16 6 22 74
10 Priyanka.D-I 4844 MDS 31 12 8 20 78
11 Kumaresh
Prasad.K.P (now
Working As
Typist)
5016 MDS 37 0 8 8 115
12 Jawahar.R 2909 MDS 24 0 5 5 114
13 Hemalatha.S 4664 MDS 41 0 5 5 346
14 Thiyagarajan.S 4809 MDS 41 0 5 5 399
15 Chandana.V 4541 MDS 41.5 37 7 44 53
16 Swathi-I.S 4629 MDS 41 0 6 6 193
17 Pradeep.S 4790 MDS 41 0 5 5 398
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17. Further, the number of mistakes in transcription as detailed in the
evaluation chart is numerous and runs beyond the number of mistakes
prescribed for the Senior Grade, which is notified as 150 (as fixed by the
Registry) and this reveals serious discrepancies and violations in the
selection process. This shows that selection itself is anti-thesis to merit.
18. Mr. P.S.Raman, learned Senior counsel appearing on behalf of
the respondent candidates submitted that during the pendency of the
present writ petition, the respondents acquired requisite qualifications and,
therefore, they may be allowed to continue in the post of P.A. to Hon'ble
Judges.
19. During the pendency of the writ petition, several employees of the
High Court would have acquired requisite qualification for the post of P.A. to
Hon'ble Judges. Therefore, in order to ensure equal opportunity in
employment, all those candidates should also be permitted to participate in
the selection process. If illegalities are cured, it will result in infringement of
the rights of the other staff members who are all equals and are aspiring for
the post of P.A. to Hon'ble Judges. That apart, it will create a wrong
precedent.
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20. The object of the entire selection process is pedestalled on merit.
By allowing only the in-service candidates to participate in the selection
process, it can pave a way for a scenario of cloaked embargo being
imposed on other eligible direct candidates from the open pool. This can
send a wrong message to the public at large, and more so, when the Rules
clearly stipulate that in case requisite number of in-service candidates do
not qualify, then selection must be made through direct recruitment.
Instead, resorting to such Rule relaxations is unwarranted and unnecessary
under the given circumstances.
21. Hence, in the light of the above, selection and appointment of
respondents 2 to 18 to the post of P.A. to Hon’ble Judges in the High Court
of Madras made as per circular dated 07.06.2023 and appointment made
vide ROC.No.16/2023-CON.ESTT.I, dated 04.08.2023 are set aside. The
High Court is at liberty to conduct a fresh selection in accordance with the
Rules and by following the procedures contemplated as expeditiously as
possible.
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22. Accordingly, the suo-motu writ petition is allowed. No costs.
Consequently, the connected miscellaneous petitions, if any, are closed.
(S.M.S.,J.) (N.S.,J.)
01-07-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
To
1. The Registrar General,
High Court, Madras.
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2026:MHC:2406
Suo-motu W.P.No.5497 of 2024
S.M.SUBRAMANIAM, J.
AND
N.SENTHILKUMAR, J.
GD
Pre-Delivery order made in
Suo- motu WP No. 5497 of 2024
01-07-2026
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