Supreme Court Stays Madras High Court Order Quashing Appointment Of 17 Personal Assistants To Judges

The Supreme Court on Monday stayed the Madras High Court's July 1 judgment which had set aside the appointment of 17 Personal Assistants (PAs) to Judges after holding that the entire selection process was arbitrary and without consideration of merit.The Madras High Court had found that the authorities relaxed the Madras High Court Service Rules to accommodate in-service candidates who did not possess the prescribed qualifications instead of resorting to direct recruitment.A bench of Justice Vikram Nath and Justice Sandeep Mehta granted the interim relief in an SLP filed by 9 affected candidates challenging the HC judgment.“Issue notice, returnable within four weeks. In the meantime, the effect and operation of the impugned order passed by the High Court shall remain stayed”, the Court ordered.In the impugned order, the High Court dealt with a suo motu writ petition taken up by it with reference to the alleged irregularities in the process of selection of PA to Judges of the Madras High Court.On June 7, 2023, applications were invited for selection to the post of PA to Judges from staff members working in the cadre of Technical Assistant to Librarian, Assistant Section Officers including Translators and Assistant Court Fee Examiners, Personal Assistant (to the Registrars), Senior Typist, Computer Operator, Personal Clerk (to the Deputy Registrars), Assistant, Typist, Reader/Examiner, Telephone Operator, Cashier, Xerox Operator.As per the eligibility criteria mentioned in Rule 14 A of the Madras High Court Service Rules, 2015, the candidates must have passed the Government Technical Examination in Shorthand and Typewriting in English Higher Grade.However, the circular stated that individuals with lesser qualifications, such as Junior/Intermediate Grade in Shorthand or Typewriting, may be absorbed into the post of PA to Judges on the undertaking that they will acquire the requisite technical qualification within a stipulated period (ie 2 years from the date of appointment).The Court noted that this circular was contrary to the service Rules as it provided an unjustified extra grace period to candidates with lesser qualifications. It observed that this was against the principle of Right to Equality enshrined under Article 14 of the Constitution.The Court further remarked that any relaxation of a rule through a circular inviting applications, even before the appointment, undermined the principle of equality and smacked of arbitrariness.It also stated that the requirement of having Shorthand and Typewriting qualification in English was a basic requirement for a PA and relaxing such a vital condition through a circular without valid reasoning could unjustly enrich the unqualified candidates.On perusing the documents with respect to the recruitment, the court noted that candidates who did not possess the qualification, were over-aged, or under-qualified were permitted to take part in the selection process.It also rejected the argument that the candidates be permitted to continue in their post since they had acquired the requisite qualification during the pendency of the proceedings. The court further said that several other employees would have also acquired the requisite qualification and it was necessary to ensure equal opportunity by permitting such candidates to participate in the selection process.Noting that the service Rules were relaxed to accommodate in-service candidates who did not possess the required eligibility, instead of resorting to direct recruitment, the Court said that it would send a wrong message to the public, especially since the Rules clearly provided for direct recruitment in case the in-service candidates did not qualify.Consequently, the Court set aside the appointment and gave liberty to the High Court to conduct fresh selection.Case no. – SLP(C) No. 22715/2026 Diary No. 38911 / 2026Case Title – K Vedhambika v. Registrar GeneralClick Here To Read/Download Order

Supreme Court Stays Madras High Court Order Quashing Appointment Of 17 Personal Assistants To Judges

Amisha Shrivastava

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Amisha Shrivastava

Supreme Court Stays Madras High Court Order Quashing Appointment Of 17 Personal Assistants To Judges

Amisha Shrivastava

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Amisha Shrivastava

This is a premium content
Available exclusively to
Our subscribers