Madras High Court Allows Writ of Mandamus in Service Matter - Directs Issuance of Appointment Order to Selected Candidate. Court Orders Issuance of Appointment Order for Assistant Statistical Investigator Based on Provisional Selection Intimation, Subject to No Legal Impediments.

High Court: Madras High Court In Favour of Prosecution
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Case Note & Summary

The petitioner, C. Kalaiselvi, was selected for the post of Assistant Statistical Investigator by the Tamil Nadu Public Service Commission (TNPSC) as per Provisional Selection Intimation Memorandum dated 05.11.2025. However, the respondent, the Commissioner, Department of Economics and Statistics, did not issue the appointment order. The petitioner submitted a representation on 27.01.2026 requesting the appointment order, but no action was taken. Consequently, she filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondent to issue the appointment order. During the hearing, the learned Additional Government Pleader appearing for the respondent submitted on instructions that the appointment order would be issued within two weeks from the date of receipt of a copy of the order. Recording this submission, the court disposed of the writ petition with a direction to the respondent to issue the appointment order within two weeks, if there are no other legal impediments. No costs were awarded.

Headnote

A) Service Law - Appointment - Writ of Mandamus - Petitioner selected for post of Assistant Statistical Investigator based on Provisional Selection Intimation Memorandum dated 05.11.2025 - Respondent agreed to issue appointment order within two weeks - Court disposed petition with direction to issue appointment order if no legal impediments (Paras 1-3).

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Issue of Consideration

Whether the respondent is obligated to issue an appointment order to the petitioner who was provisionally selected and had made a representation.

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Final Decision

Writ petition disposed of with direction to respondent to issue appointment order within two weeks if no legal impediments.

Law Points

  • Writ of Mandamus
  • Appointment Order
  • Provisional Selection
  • Representation
  • No Legal Impediments
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Case Details

2026 LawText (MAD) (02) 28

W.P. No.7544 of 2026

2026-02-27

M. Dhandapani

Mr.S. Sathia Chandran (for petitioner), Mr.P. Ganesan (Addl. Government Pleader for respondent)

The Commissioner, Department of Economics and Statistics, DMS Campus, Teynampet, Chennai-600 006

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Nature of Litigation

Writ petition seeking mandamus for issuance of appointment order.

Remedy Sought

Petitioner sought direction to respondent to issue appointment order as Assistant Statistical Investigator based on provisional selection intimation.

Filing Reason

Respondent failed to issue appointment order despite petitioner's selection and representation.

Issues

Whether the respondent is obligated to issue appointment order to the petitioner who was provisionally selected and had made a representation.

Submissions/Arguments

Petitioner argued that she was selected and entitled to appointment order. Respondent's counsel submitted that appointment order will be issued within two weeks.

Ratio Decidendi

When a candidate is provisionally selected and no legal impediments exist, the appointing authority is bound to issue the appointment order, and a writ of mandamus can be issued to compel such action.

Judgment Excerpts

Recording the fair submission of the learned Additional Government Pleader, this writ petition is disposed of, with a direction to the respondent to issue the appointment order to the petitioner for the post of Assistant Statistical Investigator, pursuant to the Provisional Selection Intimation Memorandum dated 05.11.2025, within a period of two weeks from the date of receipt of a copy of this order, if there are no other legal impediments.

Procedural History

Petitioner selected on 05.11.2025; representation on 27.01.2026; no action; filed writ petition; heard on 27.02.2026; disposed with direction.

Acts & Sections

  • Constitution of India: Article 226
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