The eligibility criteria for promotional posts must prioritize qualifications and experience over the current position held, as per legislative provisions, allowing candidates to apply irrespective of their service line.

Judgment :

R.Suresh Kumar, J.

This Intra Court Appeal has been directed against the order passed by the Writ Court dated 26.08.2025 made in W.P.6980 of 2024.

2. That the respondent/I.Prasanth was selected and appointed as Junior Assistant in the Tamil Nadu Ministerial Service and in that capacity, he had been working as Junior Assistant from 03.07.2014 to 06.07.2017 and after promotion, he served as Assistant from 07.09.2017 to 31.05.2020.

3. Thereafter, he was posted as Forester in the Forest Department on 01.06.2020, where, his probation has not been declared as he has not completed the service of 5 years as Forester.

4. It is in this context to be noted further that the Appellant/Tamil Nadu Public Service Commission (in short ‘TNPSC’) has issued a notification in Notification No.21/2022, dated 23.08.2022 for recruitment to the posts of Assistant Section Officer/Assistant in Tamil Nadu Secretariat Service included in Group – VA Services from among the holders of the posts of Junior Assistant or Assistant in the Tamil Nadu Ministerial Service/Tamil Nadu Judicial Ministerial Service.

5. The said recruitment process went on at the hands of the appellant TNPSC.

6. The respondent/writ petitioner is holding the Under Graduate Degree of Bachelor of Arts in English Literature. The requisite qualification for appointment to the post of Assistant Section Officer (other than Law and Finance Department) is a Bachelor’s Degree and also drafting experience for a period of not less than 5 years in the post of Junior Assistant or Assistant or in both the posts taken together.

7. Apart from this, the notification does not speaks anything specifically to us that at the time of making application, the applicant must hold the post of Assistant or Assistant Section Officer either in Tamil Nadu Ministerial Service or Tamilnadu Judicial Ministerial Judicial Service.

8. Thereafter, since the respondent/writ petitioner has completed 5 years drafting experience as he was holding the post of Junior Assistant from 2014 to 2017 and Assistant from 2017 to 2020, put together more than 5 years and since he had already gained the experience of drafting skill and he is already having the Bachelor’s degree of B.A.English Literature, both the qualifications required under the Notification issued in this regard by the TNPSC, has been fulfilled by the respondent/writ petitioner.

9. Therefore in the selection process, the respondent/writ petitioner also participated and a written test was conducted on 18.12.2022, in which, he had secured over all ranking of 17 and in his communal rank, he stood in third position.

10. Twenty five Posts of Assistant Section Officer were available under open competition and apart from that, 17 posts of Assistant Section Officer were also reserved under the communal category of Most Backward Class category, to which the writ petitioner belongs.

11. When that being so, on 04.10.2023, the TNPSC published the list of candidates who are admitted for Onscreen Certificate Verification, wherein, the name of the writ petitioner was also included. Hence, he participated in the Onscreen Certificate Verification and he was also directed to upload the No Objection Certificate in the prescribed format through One Time Registration on the TNPSC website upto 04.01.2024. This was also has been complied with by the writ petitioner.

12 Thereafter, the appellant TNPSC published the list of candidates who have been provisionally admitted for Physical Certificate Verification and for counselling for selection to the posts of