Madras High Court

PARTICIPATION IN SELECTION PROCESS BARS CHALLENGE TO ELIGIBILITY CRITERIA AND AGE LIMITS.

P.Shanmugam vs The Secretary The Government

Madras High CourtJUDGMENT: June 22, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner originally filed a writ petition challenging his non-selection for the post of Junior Engineer in the Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.

Source reference: para 2

The writ petition was dismissed on the grounds that the petitioner, having participated in the selection process, could not later challenge it.

Source reference: para 2

The subsequent Writ Appeal (W.A(MD).No.913 of 2018) was dismissed on 06.10.2025, after the court accepted the Additional Advocate General's submission that the petitioner had exceeded the maximum age limit of 35 years for Backward Class (B.C.) candidates.

Source reference: para 2

The petitioner filed this review application claiming the age limit was actually 40 years, relying on a TNPSC notification and certain RTI communications.

Source reference: para 4
02

Issues

Whether there exists any material error or irregularity in the order dated 06.10.2025 regarding the determination of the maximum age limit for Backward Class candidates that warrants a review under Order 47 Rule 1 of the C.P.C.

Source reference: para 3 9
03

Law Applied

The court applied the principles of Review Jurisdiction under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure (C.P.C.), which allows for the review of a judgment only upon the discovery of new evidence or a manifest error on the face of the record.

Source reference: Prayer para 9

Inter-departmental drafts do not constitute binding administrative rules or valid evidence of official policy.

Source reference: para 7-8
04

Reasoning

The court examined the petitioner’s evidence and found it insufficient to prove an error in the original judgment; the TNPSC notification relied upon was irrelevant as it did not govern this specific recruitment.

Source reference: para 8

Regarding the RTI document cited by the petitioner (mentioning a 40-year limit), the court determined it was merely a "draft letter" prepared by subordinate officials and not a finalized decision by the Public Information Officer.

Source reference: para 7

The court found that the Transport Corporation’s official communication to the Employment Exchange and the call letter sent to the petitioner explicitly stated the age limit as 35 years, and the Public Information Officer had officially confirmed the 35-year limit to the petitioner on 10.03.2014.

Source reference: para 5 8
05

Holding

The maximum age limit for B.C. candidates in this specific recruitment was 35 years, as stated in the official recruitment documents, and not 40 years.

The court held that there was no material irregularity or merit in the review application and dismissed the Review Application, confirming the original order of dismissal in the Writ Appeal with no costs awarded.

Source reference: para 9
Madras High Court

Original Court PDF

P.ShanmugamvsThe Secretary The Government

Madras High Court · June 22, 2026

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