Madras High Court
WP/33469/2026 of S.MURUGESH Vs The Registrar General on 22 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-09-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WP No. 33469 of 2026
CNR: {HCMA011766402026}
S.Murugesh
..Petitioner(s)
Vs
1. The Registrar General,
High Court of Judicature at Madras,
Chennai-104
2. Registrar(Recruitment)
Highcourt of Judicature at Madras
chennai-104
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India issuing writ of certiorari calling for the records pertaining to the order passed by the 2nd respondent vide proceedings dated 06.07.2026
the notification NO.72 and 73/2025 in so far as the petitioner is concerned alone category IVS.No.750 and quash the same and to direct the 1st and 2ndrespondent consider the petitioner for appointment to the post of office assistant forthwith and give all consequential benefits including the within a time to be fixed by this court For Petitioner(s):
Mr.P.Ganesan
For Respondent(s):
Mr. B. Vijay
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ORDER
(Order of the Court was made by S.M.Subramaniam J.) The writ on hand has been instituted challenging the order rejecting the candidature of the petitioner for selection and appointment to the posts of Sweeper, Sanitary worker, Gardener, Waterman and Watchman in the Madras High Court Service pursuant to the recruitment notification, dated 06.04.2025.
2. Writ petitioner submitted his application on 15.08.2025 pursuant to the recruitment notification. He participated in the selection process and was successful in the written examination. Petitioner is yet to participate in the skill test and certificate verification. After publication of the results of the written examination, the candidature of the writ petitioner was rejected on the ground that he is overqualified. The educational qualification prescribed for Group IV posts, as stated in the recruitment notification reads as under: “A pass in VIII Standard or its equivalent, subject to a maximum qualification of XII Standard or its equivalent, on the date of notification. An undertaking should be given by the candidates that they are not possessing / pursuing any higher qualification other than
Higher Secondary or its equivalent as on the date of submission of the application. If the candidate suppresses any other educational qualification beyond the prescribed qualification, action will be taken against the said individual apart from penal action.”
3. The maximum qualification has been fixed as 12th standard. Therefore, overqualified candidates are disqualified for selection. Since the petitioner pursued the Diploma course, according to the respondents, his candidature was rejected.
4. The learned counsel for the petitioner would submit that the petitioner joined Diploma in Electrical and Electronics Engineering course in the year 2009, but has not completed the course. He is ineligible to secure the diploma pass certificate since he has not passed all the examinations. Thus he was declared as failed student. The course completion certificate produced only mentions he has appeared for the final examination and not that he has passed the examination. Therefore, the said qualification cannot be considered to determine the minimum educational qualification acquired by the candidate. He submitted his application in the year 2025 and as on the date of the submission of his application, he was not pursuing the Diploma course nor he completed the earlier course. Thus, the order of rejection is contrary to the educational qualification prescribed under the Recruitment Notification.
5. The learned counsel for the respondents would oppose by stating that, even as per the Transfer Certificate submitted by the writ petitioner, he joined the first year Diploma course on 01.07.2009 and he left at final year of the course on 22.03.2012. Since he was pursuing the Diploma course and course completion certificate was produced, his candidature was rejected by invoking clause 4(B) of the Recruitment Notification, dated 06.04.2025.
6. A close reading of Clause 4(B) of the Recruitment Notification amply makes it clear that an undertaking should be given by the candidates that they are not possessing / pursuing any higher qualification other than the Higher Secondary or its equivalent as on the date of submission of the application. Therefore, firstly, a candidate should not possess higher qualification over and above the maximum qualification of the Higher Secondary (+2) contemplated under clause 4(B). Secondly, the candidate should not pursue any higher qualification other than the Higher Secondary Course as on the date of submission of the application. These two requirements are to be verified by the selection authorities.
7. In the present case, admittedly, the petitioner is not possessing any higher qualification. He is possessing the qualification of Higher Secondary course (+2). The only question to be considered is whether he was pursuing the higher qualification as on the date of submission of the application. The transfer certificate issued by the petitioner would show that he was admitted to the first year Diploma course on 01.07.2009 and left at final year of the course on 22.03.2012. The writ petitioner was not pursuing the higher qualification as on the date of the submission of the application i.e., 15.08.2025. He left the course in the last year 2012. Therefore, he would not fall under the second limb of the clause 4(B) i.e., pursuing the higher qualification other than the Higher Secondary Grade or its equivalent as on the date of submission of the application. Thus, the case of the writ petitioner was wrongly rejected.
8. In view of the above facts and circumstances, the Writ Petition stands allowed and the order impugned rejecting the candidature of the petitioner bearing Registration No.25720072948 in S.No.750 under the category “Possessing Higher Educational Qualification” issued by the second respondent dated 06.07.2026 pursuant to Notification Nos.72 and 73 of 2025 dated 06.04.2025, is set aside. The petitioner shall be permitted to participate in the further process of selection by following procedures as contemplated under the Recruitment Notification and Services Rules in force.
9. Consequently, connected miscellaneous petitions, if any, are closed. There shall be no order as to costs. (S.M.S.,J.) (K.G.R.,J.) 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To
1. The Registrar General, High Court of Judicature at Madras, Chennai-104
2. Registrar(Recruitment) Highcourt of Judicature at Madras chennai-104
S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. GD WP No. 33469 of 2026 22-09-2026