Case Note & Summary
The present intra-court appeal arose from a writ petition filed by a candidate who had applied for the post of Assistant Tourist Officer Grade-II under a recruitment notification issued by the Tamil Nadu Public Service Commission. The respondent successfully cleared the written examination and was provisionally selected. As per Press Release No.38 of 2020 dated 22.10.2020, provisionally selected candidates were required to upload scanned documents for certificate verification online between 26.10.2020 and 05.11.2020. The respondent failed to upload the documents within the stipulated period. She contended that due to the peak of the COVID-19 pandemic, she had traveled to her native place in Tirunelveli and could not upload the documents despite attempts; she also claimed that TNPSC officials did not assist. The single judge allowed the writ petition and directed the TNPSC to permit her to upload the documents and participate in the oral test. The TNPSC filed the present writ appeal challenging that order. The main legal issue before the Division Bench was whether the High Court could relax the mandatory instructions issued by the recruiting agency on the ground of personal difficulties faced by a candidate. The appellant argued that ten days were given for uploading; 144 candidates had successfully uploaded; and allowing individual personal reasons would open a Pandora's box and prejudice the selection process. They relied on a Division Bench decision in WA No.567 of 2021, which pertained to the same recruitment and held that even candidates suffering from COVID-19 could not be excused from compliance. The Supreme Court in State of Tamil Nadu v. G. Hemalathaa, (2020) 19 SCC 430, had categorically laid down that instructions issued by the Commission are mandatory, having the force of law, and the High Court cannot modify or relax them under Article 226. The court accepted these contentions and held that misplaced sympathy would cause prejudice to other candidates and derail the selection process. It set aside the order of the single judge, allowed the writ appeal, and directed no costs. The judgment reinforces the principle that recruitment rules and timelines must be scrupulously followed and judicial review cannot provide individual relaxations.
Headnote
A) Service Law - Recruitment Process - Mandatory Instructions - Tamil Nadu Public Service Commission instructions - Instructions issued by recruiting agency regarding document upload for certificate verification and timeline are mandatory and have force of law; non-compliance cannot be excused on personal grounds such as pandemic-related travel; strict adherence is paramount (Paras 5, 7). Held that the writ court erred in granting relief based on sympathy, and the order is set aside. B) Constitutional Law - Judicial Review - Article 226 of the Constitution of India - High Court cannot exercise power under Article 226 to modify or relax mandatory instructions of recruiting agency in selection matters (Paras 5, 7). Held that allowing personal reasons to override instructions would derail the selection process and prejudice other candidates. C) Precedent - Binding Effect - State of Tamil Nadu v. G. Hemalathaa, (2020) 19 SCC 430; Division Bench in WA No.567 of 2021 - Supreme Court held that instructions of the Commission are mandatory and High Court cannot relax them under Article 226; earlier Division Bench in same recruitment held such claims are unsustainable (Paras 4-5). Held that the present case is covered by these binding decisions.
Issue of Consideration
Whether the High Court can direct the Tamil Nadu Public Service Commission to accept documents for certificate verification after the notified deadline, on grounds of personal difficulty faced by the candidate during COVID-19 pandemic, and whether the instructions issued are mandatory.
Final Decision
The writ appeal is allowed. The order of the single judge dated 11.10.2023 passed in W.P.No.17853 of 2020 is set aside. No order as to costs. Consequently, connected civil miscellaneous petition is closed.
Law Points
- Legal points not extracted
- Instructions issued by recruiting agency are mandatory and have the force of law
- High Court under Article 226 cannot relax or modify such instructions
- strict compliance required in selection process
- personal difficulties including COVID-19 do not justify relaxation
- misplaced sympathy cannot override mandatory requirements
