N.Suganthi v. The State of Tamil Nadu

Judgment (Judgment of the Court was delivered by S.M.Subramaniam J.) The common order dated 07.01.2026 passed in W.P.No.10656 of 2025 is under challenge in the present writ petition.

¶2TNPSC issued recruitment notification for combined technical services examination on 26.07.2024. The appellants / petitioners submitted their application for selection to the post of Assistant Engineer (Electrical). Their applications were rejected on the ground that they are overaged. On account of the interim order granted in the writ petition, the appellants were permitted to participate in the certificate verification. However, litigous participation of a candidate in a recruitment process would not confer any right to claim selection or appointment. The writ Court after considering the issues passed final orders on 07.01.2026 stating that the appellants are overaged and accordingly dismissed the writ petition. Page3 of 7

¶3In this context, the addendum issued by the TNPSC dated

26.03.2025 would prescribe the age criteria reads as under:

4.1. Others (Candidates not belonging to Scs, SC(A)s, STs, MBCs / Dcs, BC (OBCMs and BCMs) Age Concession S.No. Name of the Post Post Code Maximum age (should not have completed) Persons with Benchmark disability Ex-service men Destitute Women Assistant Engineer (Electrical) 3266

¶2Assistant Engineer (Civil) 3267

¶3Assistant Engineer (Mechanical) 3268

4.2. BC (OBCMs) BCMs, MBCs DCs Age Concession S.No. Name of the Post Post Code Maximum age (should not have completed) Persons with Benchmark disability Ex-service men Destitute Women Assistant Engineer (Electrical) 3266

¶2Assistant Engineer (Civil) 3267

¶3Assistant Engineer (Mechanical) 3268 Page4 of 7

4.3. SCs, SC(A)s and STs : Age Concession S.No. Name of the Post Post Code Maximum age (should not have completed) Persons with Benchmark disability Ex-service men Destitute Women Assistant Engineer (Electrical) 3266

¶2Assistant Engineer (Civil) 3267

¶3Assistant Engineer (Mechanical) 3268

¶4Learned counsel for the appellants would mainly contend that last recruitment prior to the subject recruitment was conducted in the year 2018 by the TANGEDCO and thereafter there is no recruitment to the post of Assistant Engineer (Electrical). On account of long delay in issuing recruitment notification. the appellants lost their opportunity and became overaged.

¶5This Court is of the considered view that delay in issuing recruitment notification, if resulted in crossing the age limit by candidate would not confer any right to challenge the age limit prescribed under the recruitment notification. Such claims are baseless. In the present case, age limit was prescribed. Prescription of age limit, educational qualifications and other criteria for recruitment to a particular cadre is the prerogative of the employer. Unless such prescription is in violation of any Statute or Service Rules in Page5 of 7 force, it cannot be challenged. In the present case, except by saying that there was no recruitment process taken for long years, the appellants could not establish violation of statutory provisions.

¶6That being the factum and pertinently the process of selection concluded and the list of selected candidates are forwarded by the TNPSC to TANGEDCO vide proceedings dated 09.06.2025, the claim of the petitioners / appellants was rightly rejected by the Writ Court. Finding no infirmity in the impugned order dated 07.01.2026 in W.P.No.10656 of 2025, the writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (N.S.,J.) 16-07-2026 Index: Yes Speaking order KST Page6 of 7 To

¶1The Secretary, Personnel And Administrative Reforms Department, Fort St.George, Chennai-600 009.

¶2Tamil Nadu Public Service Commission Rep By Its Secretary, V.O.C.Nagar, Park Town, Chennai-600 003

¶3Tamil Nadu Public Service Commission Rep By The Controller Of Examinations, V.O.C.Nagar, Park Town, Chennai-600 003

¶4Chairman Cum Managing Director Tamil Nadu Electricity Board Ltd No.144, Anna Salai, Chennai-600 002 WAoNo.o1262oofo2026 S.M.SUBRAMANIAMeJ. AND N.SENTHILKUMAReJ. KST WAeNo.e1262eofe2026 AND CMPeNO.e12161eOFe2026 16-07-2026 Page7oofo7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WA No. 1262 of 2026 AND CMP NO. 12161 OF 2026 1. N.Suganthi 2. V.Vijayabalan ..Appellants Vs 1. The State Of Tamil Nadu Rep By Its Secretary, Personnel And Administrative Reforms Department, Fort St.George, Chennai-600 009. 2. Tamil Nadu Public Service Commission Rep By Its Secretary, V.O.C.Nagar, Park Town, Chennai-600 003 3. Tamil Nadu Public Service Commission Rep By The Controller Of Examinations, V.O.C.Nagar, Park Town, Chennai-600 003 4. Tamil Nadu Electricity Board Ltd Rep By Its Chairman Cum Managing Director, No.144, Anna Salai, Chennai-600 002 ..Respondent(s) Page2 of 7 Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order of the Honble Judge made in W.P.No.10656 of 2025 dated 07.01.2026 in so far as the appellants are concerned and allow the writ appeal. For Appellants: Mr.V.Subramani For Respondents : Mr.R.Sankar, Government Counsel for R1 Mr.I.Abrar Md.Abdullah, Standing Counsel for TNPSC for R2 & R3 Mr.S.Shiek Thanveer Ahamed for Mr.K.Raj Kumar for TANGEDCO for R4