Madras HC Scraps Recruitment Of 17 PAs To Judges: Supreme Court Refuses Urgent Hearing Against Order

SC to hear plea against Madras HC order setting aside recruitment of Judges PA
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Madras High Court in a suo motu writ petition concerning alleged irregularities in the selection process of PA to Judges has set aside the recruitment.

The entire selection process was set aside by the High Court for being arbitrary and without consideration of merit.

The Supreme Court today declined urgent listing of a plea challenging the Madras High Court order which has set aside the appointment of 17 Personal Assistants to the High Court Judges.

The High Court had held that the entire selection process was arbitrary and without consideration of merit.

A mentioning was made today before a partial Court working days bench of Justice MM Sundresh and Justice Sheel Nagu by Senior Advocate S Nagamuthu.

The High Court had noted that candidates with lesser qualification than what was prescribed were allowed to participate in the recruitment process and they were selected and relaxation was granted to cure their ineligibility.

A bench of Justice SM Subramaniam and Justice N Senthilkumar noted that the service Rules were relaxed to accommodate in-service candidates who did not possess the required eligibility, instead of resorting to direct recruitment.

"Candidates who does not possess the requisite qualification of Senior Grade Shorthand (English) were permitted to participate in the selection process and were also subsequently selected. Thereafter, unnecessary relaxation was granted to them by giving them two years time to pass the shorthand test. These are serious transgression of service rules," the high court found.

Court noted that even candidates who had received 'zero marks' in transcription were selected to the post. The court added that the evaluation chart revealed that the number of mistakes in transcription was numerous and beyond the permitted limit of 150 mistakes prescribed for the Senior Grade. The court thus observed that there was serious discrepancies and violations in the selection process and the selection itself was anti-thesis to merit.

Noting that the object of the entire selection process is pedestalled on merit, the high court said, "By allowing only the in-service candidates to participate in the selection process, it can pave a way for a scenario of cloaked embargo being imposed on other eligible direct candidates from the open pool. This can send a wrong message to the public at large, and more so, when the Rules clearly stipulate that in case requisite number of in-service candidates do not qualify, then selection must be made through direct recruitment. Instead, resorting to such Rule relaxations is unwarranted and unnecessary under the given circumstances."

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 P.A. to Judges on the undertaking that they will acquire the requisite technical qualification within a stipulated period (i.e) two 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.

Mentioning Date: July 2, 2026

Bench: Justices MM Sundresh and Sheel Nagu

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