The Chairman vs Manikandan
- Court
- Madras High Court
2026:MHC:3607
W.A.(MD)No.959 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.08.2026
CORAM
THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN
and
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
W.A.(MD)No.959 of 2026
and
C.M.P.(MD)No.8456 of 2026
1.The Chairman,
Tamil Nadu Uniformed Services
Recruitment Board (TNUSRB),
Old Commissioner of Police Office Complex,
Pantheon Road, Egmore, Chennai.
2.The Member Secretary,
Tamil Nadu Uniformed Services
Recruitment Board (TNUSRB),
Old Commissioner of Police Office Complex,
Pantheon Road, Egmore, Chennai.
3.The Chairperson/Sub Committee,
Recruitment Sub Committee,
Tiruchirapalli Centre,
Tamil Nadu Uniformed Services
Recruitment Board (TNUSRB),
Tiruchirapalli. ... Appellants
vs.
Manikandan ... Respondent
1/14
( Uploaded on: 03/09/2026 11:29:32 am )
W.A.(MD)No.959 of 2026
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, to set
aside the order, dated 03.02.2026 made in W.P.(MD)No.2970 of 2026.
For Appellants :Mr.K.K.Udayakumar
Government Advocate (civil)
For Respondent :Mr.R.Prasanna
*
JUDGMENT
(Judgment of this Court was delivered by C.V. KARTHIKEYAN, J. )
The Writ Appeal had been filed by the respondents in
W.P.(MD)No.2970 of 2026 aggrieved by the directions given by the
learned Single Judge in the order, dated 03.02.2026.
2.The said Writ Petition had been filed by the respondent herein in
the nature of a Certiorarified Mandamus seeking records relating to an
order of the third appellant/third respondent in the Writ
Petition/Chairperson/Sub Committee, Recruitment Sub Committee,
Tiruchirappalli Centre, Tamil Nadu Uniformed Services Recruitment
Board, dated 21.08.2025 and to direct the appellants herein/respondents
to permit the respondent herein/Writ Petitioner to participate in the
Physical Measurement Test/Endurance Test/Physical Efficiency Test for
2/14
( Uploaded on: 03/09/2026 11:29:32 am )
W.A.(MD)No.959 of 2026
the post of Grade-II Police Constable.
3.The respondent herein had applied for the post of Grade-II Police
Constable consequent to a Notification No.2 of 2025, dated 21.08.2025.
He cleared the written examination, which was held on 09.11.2025. He
was then called upon to produce the original certificates for verification
and also to participate in the Physical Measurement Test. This was
scheduled on 28.01.2026. The respondent herein produced a photostat
th
copy of his 10 standard mark sheet and other original certificates. Since
th
the original of the 10 standard mark sheet had not been produced, vide
impugned order, the candidature of the respondent was rejected and he
was not permitted to participate in the Physical Measurement Test.
Questioning that rejection, the Writ Petition had been filed.
4.The learned Single Judge had examined the reason given for not
th
producing the original 10 standard mark sheet, namely, that it had been
lost during Gaja cyclone in the year 2018 and that the Tahsildar,
Aranthangi had also a issued a certificate. The learned Single Judge in
3/14
( Uploaded on: 03/09/2026 11:29:32 am )
W.A.(MD)No.959 of 2026
those circumstances, had issued the following directions:
“6.Accordingly, this writ petition is disposed with the
following directions:
(i) the respondents are directed to permit the petitioner
to participate in the physical measurement test by conducting a
separate test and consider the petitioner's candidature within a
period of four weeks, enabling him to obtain a certified copy of
the 10th std. mark sheet from the School Education
Department.
(ii) The petitioner is also directed to obtain a certified
copy of the 10th standard mark statement from the School
Education Department, by referring the certificate issued by
the Tahsildar, Aranthangi.
(iii) Till the petitioner produces the certificate, the result
of the petitioner shall be withheld. On production of the
certificate, the result may be published. No costs.
Consequently, connected miscellaneous petitions are closed.
5.These directions had given rise to the filing of the present Writ
Appeal.
4/14
( Uploaded on: 03/09/2026 11:29:32 am )
W.A.(MD)No.959 of 2026
6.The learned Government Advocate for the appellants argued that
Gaja cyclone had occurred in the year 2018 and the respondent herein
had been called to appear for the selection of Grade-II Police Constable
by notification dated 21.08.2025, nearly, seven years after the cyclone.
He pointed out that the respondent had not taken any steps in those seven
th
years to obtain the duplicate certificate of the 10 standard mark sheet. It
was also contended that the notification was very clear that if the original
certificates are not produced, then the candidate would be rejected from
participating in further selection process.
7.In this connection, the learned Government Advocate placed
reliance on the judgement of the Hon'ble Supreme Court reported in
2020 (19) SCC 430 , in the case of the State of Tamil Nadu and others
-vs.- G.Hemalatha and another , wherein, while examining the selection
of an Advocate to the post of Civil Judge in the State Judicial Service and
where certificates were not uploaded within the time, the Hon'ble
Supreme Court had held as follows:
5/14
( Uploaded on: 03/09/2026 11:29:32 am )
W.A.(MD)No.959 of 2026
7.we have given our anxious consideration to the
submission made by the learned Senior Counsel for the
Respondent. The Instructions issued by the Commission are
mandatory,having the force of law and they have to be strictlly
complied with. Strict adherence to the terms and conditions of
the instructions is of paramout importance. The High Court in
exercise of powers under Article 226 of the Constitution cannot
modify/relax the instructions issued by the Commission.”
8.It had been held that the instructions issued are mandatory
having force of law and have to be strictly complied with. The Hon'ble
Supreme Court had set aside the directions of the High Court and
allowed the appeal and rejected the candidature of the respondent therein.
9.The learned Government Advocate had also placed reliance on
the judgment of the Division Bench of this Court in B.Lalitha -vs.- The
Secretary to the Government, Tamil Nadu Public Service Connection in
W.A.Nos.188 and 901 of 2023 , judgment dated 13.02.2024, wherein
again, the issue was about production of documents and whether they
were mandatory and binding on all candidates unless the notification
6/14
( Uploaded on: 03/09/2026 11:29:32 am )
W.A.(MD)No.959 of 2026
provides for relaxation. It had been held as follows:
“9.It is settled law that the terms and conditions of a
recruitment notification, including deadlines for document
submission, are mandatory and binding on all candidates,
unless the notification itself provides for relaxation. In this
regard, it may be relevant to refer to the relevant clauses of the
notification No.31/2019 dated 08.11..2019, which read as
follows:
"12. General Information
(J) Any subsequent claim made thereafter on submission
of online application will not be entertained. Evidence for
claims made in the online application should be uploaded /
submitted in time, when called for. Failure to submit the
documents within the stipulated time limit will entail rejection
of the Application.
13.Other important instructions
(C) Communication to Applicants
Individual communication regarding the date and time
of certificate verification and conselling will not be sent to the
applicants by post. The details will be made available on the
Commission's website. Applicants will be informed of the
above fact only through SMS and e-mail and they should watch
the Commission's website in this regard. Para 15 of the
Notification Applicants should upload / submit their
testimonials and all other relevant certificates for proof in
7/14
( Uploaded on: 03/09/2026 11:29:32 am )
W.A.(MD)No.959 of 2026
respect of claims made - in the application with reference to
this, notification as and when called for.
Notes (5) of the Commission's Publication list dated
23.09.2021 Candidates who have been admitted for Onscreen
Certificate Verification are hereby advised to watch constantly
the Commission's website regarding mode, place, date and
time of original certificate verification without fail. Failure to
produce even any one of the essential documents will result in
their non-admission to the next stage of selection."
In the present case, admittedly, the recruitment notification
issued by the TNPSC did not provide for any power to relax the
deadline condition for document submission. The appellants in
both the appeals have failed to upload the required documents
within the prescribed time frame. As already stated above, one
candidate by name, M. Revathi, successfully uploaded the
documents through the e-Seva center which fact reinforces the
fairness and transparency of the recruitment process
conducted by the TNPSC. The reasons assigned and grounds
raised by the appellants for not uploading the documents
within the deadline, such as, outbreak of COVID-19, technical
glitches, or belated receipt of communication, cannot be
countenanced by the Court. The appellants in both cases were
given sufficient opportunity to upload the documents within the
stipulated timeline, which was uniformly applied to all
candidates. The interim orders obtained by the appellants are
8/14
( Uploaded on: 03/09/2026 11:29:32 am )
W.A.(MD)No.959 of 2026
always subject to the final orders to be passed in the main
cases and the same cannot override the mandatory conditions
of the recruitment notification, which required document
submission within the prescribed deadline.
10. In the order impugned in these appeals, the learned
Judge has correctly analysed the facts and circumstances of
the case and dismissed the writ petitions filed by the
appellants, based on the Supreme Court decisions in Sanjay K.
Dixit and others vs. State of Uttar Pradesh and others [(2019)
17 SCC 373)] and The State of Tamil Nadu and others vs. G.
Hemalathaa and another [Civil Appeal No. 6669 of 2019,
dated 28.08.2019] , which prohibit the courts from relaxing the
terms and conditions of a recruitment notification in the
absence of any provision for such relaxation in the notification
itself or for any valid reasons.”
10.Pointing out the ratio laid down therein, the learned
Government Advocate submitted that the Court cannot relax the
guidelines or thrust upon fresh conditions in the notification already
issued.
9/14
( Uploaded on: 03/09/2026 11:29:32 am )
W.A.(MD)No.959 of 2026
11.The learned Counsel for the respondent, however, contended
that the duplicate mark sheet had been annexed along with the
application and the Tahsildar had also given a certificate that the
certificate had been lost during Gaja cyclone. He also pointed out that
duplicate certificate has now been produced and therefore, sought
indulgence of this Court to permit him to participate in the Physical
Endurance Test.
12.We have carefully considered the arguments advanced.
13.It is a fact that in the notification, a specific clause has been
given that the certificates in original will have to be produced for
verification, if the candidate clears the written examination. It had also
been provided that unless the originals are produced, the candidates
would not be permitted to participate in the Physical Endurance Test.
th
The respondent claims that he had lost his original 10 standard mark
sheet during Gaja cyclone which took place in the year 2018. The
notification under which the respondent applied for the post of Grade-II
10/14
( Uploaded on: 03/09/2026 11:29:32 am )
W.A.(MD)No.959 of 2026
Police Constable had been issued in August 2025 and at that time, the
respondent was aware that he would be called upon to produce the
original certificate, if he cleared the written examination. He was called
upon to produce the original certificate in January 2026. He did not have
them.
14.There is laxity on the part of the respondent. He could have
applied for a duplicate certificate and be ready with that. There is no
reason why the appellants would have refused to accept the duplicate
certificate, if it had been produced at the time of certificate verification.
It is also to be noted that if this Court were to relax any of the conditions,
particularly, with respect to mandatory conditions of producing the
original certificates, many other candidates, who would not have applied,
since they did not have the original certificates, would suffer, had they
known that the condition is not mandatory and could be relaxed. This
aspect would also have to be looked into. This relaxation would create
inequality and directly be hit by Article 14 of the Constitution.
11/14
( Uploaded on: 03/09/2026 11:29:32 am )
W.A.(MD)No.959 of 2026
15.The fact is that the respondent did not produce the original
certificate, when it should have been produced. The Hon'ble Supreme
Court in the case reported in 2020 (19) SCC 430 referred supra , was very
clear that even in the selection of Civil Judge of an Advocate, who had
failed to produce the original certificate that the instructions issued are
mandatory, having force of law and have to be strictly complied with.
16.The notification had been issued by the Tamil Nadu Uniformed
Services Recruitment Board, which is also a statutory body and these
notifications are applicable to every candidate who applies for the
examination to participate in the Grade-II Police Constable. Having
failed to produce a certificate, it may not be appropriate on our part to
relax the condition. We also have to consider the plight of other
candidates who would have applied for the examination, had they known
that the condition could be relaxed at some point of time.
17.The respondent should have been more vigilant and
unfortunately had not produced the original certificate. We are not
12/14
( Uploaded on: 03/09/2026 11:29:32 am )
W.A.(MD)No.959 of 2026
inclined to accept the explanation given, particularly since for a period of
seven years, he had not obtained the certificate. The dictum laid down by
the Hon'ble Supreme Court is binding on us. The appeal stands allowed
and the direction of the learned Single Judge is set aside. There shall be
no order as to costs. Consequently, connected miscellaneous petition is
closed.
[C.V.K., J.] [R.S.V., J.]
Index :Yes / No 31.08.2026
Internet :Yes / No
NCC :Yes / No
cmr
13/14
( Uploaded on: 03/09/2026 11:29:32 am )
W.A.(MD)No.959 of 2026
C.V. KARTHIKEYAN , J.
AND
R.SAKTHIVEL, J.
cmr
W.A.(MD)No.959 of 2026
31.08.2026
14/14
( Uploaded on: 03/09/2026 11:29:32 am )