WP/34192/2026 of R.VENNILA Vs THE REGISTRAR GENERAL on 24 August 2026

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. The writ petitioner submitted her application on 06.04.2025 pursuant to the recruitment notification. She participated in the selection process and was successful in the written examination. The 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 she 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.”

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3. The maximum qualification has been fixed as 12thstandard. Therefore, overqualified candidates are disqualified for selection. Since the petitioner pursued the Diploma course, according to the respondents, her candidature was rejected.

4. The learned counsel for the petitioner would submit that the petitioner joined Diploma in General Nursing and Midwifery course in the year 2009, and discontinued the course in the year 2010. She submitted her application in the year 2025 and as on the date of the submission of her application, she was not pursuing the Diploma 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, she joined the first year Diploma course on 07.07.2009. She discontinued the course on 02.06.2010. Since she was pursuing the Diploma course, her 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

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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. She is possessing the qualification of Higher Secondary Courts (+2). The only question to be considered is whether she was pursuing the higher qualification as on the date of submission of the application. The transfer certificate issued by the petitioner would show that she was admitted to the first year Diploma course on 07.07.2009 and discontinued the course on 02.06.2010. The writ petitioner was not pursuing the higher qualification as on the date of the submission of the application i.e., 06.04.2025. She discontinued the course in the year 2010. Therefore, she 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.25723051867 in S.No.2491 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

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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 are closed. There shall be no order as to costs. (S.M.S.,J.) (K.G.R.,J.) 24-08-2026 Index : Yes Neutral Citation : Yes Speaking order mk To

1. The Registrar General, High Court, Madras.

2. The Registrar (Recruitment), High Court Madras.

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S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. mk WP No. 34192 of 2026 24-08-2026 (4/6)