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2026 DAILYLAW 55368 (MAD)

K.Thanavel v. The Chairman

WP(MD)/21050/2026 · 2026-07-23

Mummineni Sudheer Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD)No.21050 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2026 CORAM THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.(MD)No.21050 of 2026 and W.M.P.(MD)Nos.15607 and 15612 of 2026 K.Thanavel ... Petitioner vs. 1.The Chairman, Tamil Nadu Public Service Commission, Park Town, Chennai-600 003. 2.The Secretary, Tamil Nadu Public Service Commission, Park Town, Chennai-600 003. 3.The Controller of Examination, Tamilnadu Public Service Commission, Park Town, Chennai-600 003. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order displayed in the Official website of the respondents that the petitioner's name is not eligible for the main examination on the ground that the petitioner has not uploaded the practice certificate from the competent Officer in terms of the notification No.18/25 dated 02.12.2025 in para No.4.3.4.8 and quash the same and consequently directing the respondents 1 to 3 to permit the petitioner to re-upload the practice certificate issued by the 1/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21050 of 2026 Competent Officer as per para No.4.3.4.8 of the Notification No.18/25 dated 02.12.2025 and also permit the petitioner to attend the main examination to be held on 27.07.2026 to 31.07.2026 for the post of Assistant Public Prosecutor, Grade II as per the Notification No.18/25 dated 02.12.2025 of the Tamil Nadu Public Service Commission. For Petitioner : Mr.V.Sasi Kumar For Respondents : Mr.J.Anand Kumar Standing Counsel ***** O R D E R Heard Mr.V.Sasi Kumar, learned Counsel for the Petitioner and Mr.J.Anand Kumar, learned Standing Counsel, who takes notice for Respondents. 2. This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus, challenging the impugned order displayed in the Official website of the respondents that the petitioner's name is not eligible for the main examination on the ground that the petitioner has not uploaded the practice certificate from the competent Officer in terms of the notification No.18/25 dated 02.12.2025 in para No. 4.3.4.8 and consequently directing the respondents 1 to 3 to permit the petitioner to re-upload the practice certificate issued by the Competent Officer as per para No.4.3.4.8 of the Notification No.18/25 dated 02.12.2025 and also permit the petitioner to attend the main 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21050 of 2026 examination to be held on 27.07.2026 to 31.07.2026 for the post of Assistant Public Prosecutor, Grade II as per the Notification No.18/25 dated 02.12.2025 of the Tamil Nadu Public Service Commission. 3. The petitioner herein, who is a practising Advocate in Virudhunagar District, submitted an application pursuant to Notification No.18/2025, dated 02.12.2025, issued by the respondent TNPSC for recruitment to the post of Assistant Public Prosecutor, Grade II. The petitioner also appeared for the preliminary examination held on 15.02.2026 and emerged as a successful candidate in the said examination. Thereafter, it was found that the experience certificate uploaded by the petitioner had not been issued by the competent authority. Therefore, the petitioner was required to upload the proper certificate and was accordingly afforded an opportunity to upload the same on or before 08.06.2026. However, the petitioner, having misconstrued the said communication, once again uploaded a certificate issued by the very same authority, namely, the Assistant Public Prosecutor, Grade II, mentioning the details of his private practice. Since the certificate uploaded was not in conformity with the requirements prescribed under the notification, the petitioner was excluded from the list of candidates eligible to appear for the main examination scheduled to be held on 27.07.2026. 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21050 of 2026 4. Aggrieved by the said action, the petitioner has approached this Court contending that, due to a misunderstanding of the communication issued by the respondent TNPSC, he could not rectify the mistake within the stipulated time. It is further submitted that, upon realizing the mistake, the petitioner obtained the requisite practice certificate from the Additional Public Prosecutor cum Additional Government Pleader, Additional District Court, Virudhunagar, on 21.07.2026. However, when the petitioner attempted to upload the said certificate, the respondent TNPSC's website did not permit him to do so. Hence, the petitioner seeks the indulgence of this Court to permit him to submit the practice certificate issued by the competent authority regarding his experience and consequently direct the respondent TNPSC to permit him to appear for the main examination scheduled to be held on 27.07.2026. 5. Mr.J.Anand Kumar, learned Standing Counsel appearing for the respondent TNPSC, submits that, in spite of having been afforded an opportunity to the petitioner, he failed to upload the proper certificate and, therefore, the respondent TNPSC has rightly not permitted the petitioner to appear for the main examination scheduled to be held on 27.07.2026. 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21050 of 2026 6. This Court has carefully considered the submissions of both sides and perused the entire material on record. 7. This Court is of the considered view that the mistake committed by the petitioner is trivial in nature. It is not as if the petitioner does not possess the experience required under the notification. The mistake committed by the petitioner is only that, instead of obtaining the experience certificate from the competent authority specified under the notification, he had obtained the same from the Assistant Public Prosecutor, Grade II. As on date, admittedly, the petitioner is in possession of the experience certificate issued by the competent authority, which is in conformity with the requirements of the notification issued by the respondent TNPSC. 8. The uploading of all certificates and qualification details at the time of submission of the online application is evidently not mandatory, as is clear from the fact that the respondent TNPSC itself had afforded an opportunity to the petitioner to upload the requisite certificate at a later point of time, namely, after the petitioner had emerged as a successful candidate in the preliminary examination. Considering the same, this Court is of the view that this is a fit case in which the discretionary jurisdiction under Article 226 of the Constitution of India should be exercised so as to enable the 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21050 of 2026 petitioner, who belongs to the Scheduled Caste community and aspires to the post of Assistant Public Prosecutor, Grade II, after having put in the requisite five years of practice, to participate in the selection process. 9. Hence, this Writ Petition is allowed, permitting the petitioner to submit the experience certificate dated 21.07.2026 obtained from the Additional Public Prosecutor, Additional District Court, Virudhunagar District, before the respondent TNPSC on or before 24.07.2026. Upon such submission, the respondents shall issue the necessary hall ticket and permit the petitioner to appear for the main examination scheduled to be held on 27.07.2026 and consider his candidature for the further stages of the recruitment process in accordance with law, on par with all other similarly situated candidates. There shall be no order as to costs. Consequently, the connected miscellaneous petitions stand closed. 23.07.2026 Index :Yes / No Internet :Yes / No NCC :Yes / No 6/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21050 of 2026 Nsr Note: Issue Order Copy on 23.07.2026. To: 1.The Chairman, Tamil Nadu Public Service Commission, Park Town, Chennai-600 003. 2.The Secretary, Tamil Nadu Public Service Commission, Park Town, Chennai-600 003. 3.The Controller of Examination, Tamilnadu Public Service Commission, Park Town, Chennai-600 003. 7/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.21050 of 2026 MUMMINENI SUDHEER KUMAR , J. Nsr Order made in W.P.(MD)No.21050 of 2026 23.07.2026 8/8 https://www.mhc.tn.gov.in/judis