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2025 Supreme(Online)(Mad) 8875

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
P.SHARMILY – Appellant
Versus
THE UNION OF INDIA – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.12.2025 CORAM THE HON'BLE Mr. JUSTICE M.DHANDAPANI and W.M.P. Nos. 54846 and 54848 of 2025 P.Sharmily …Petitioner Vs.

1. The Union of India, Government of Puducherry, Rep. by the Chief Secretary, Secretariat, Puducherry – 605 001.

2. The Government of Puducherry, Rep. by Under Secretary, Department of Personnel and Administrative Reforms (Personnel Wing), Chief Secretariat, Puducherry – 605 001.

3. The Director, Department of Stationery & Printing, Puducherry. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned letter No.A-12011/7/2025/DP&AR(Exams) dated 05.12.2025 issued by the 2nd respondent and quash the same and further direct the 2nd respondent to consider the petitioner under MBC category for the post of Assistant.

For Petitioner : Mr.J.Rajmohan For Respondents : Ms.Saradha Vivek, Additional Government Pleader (Puducherry)

O R D E R

The Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned letter No.A-12011/7/2025/DP&AR(Exams) dated 05.12.2025 issued by the 2nd respondent and quash the same and further direct the 2nd respondent to consider the petitioner under MBC category for the post of Assistant.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader (Puducherry) appearing for the respondents.

3.The learned counsel for the petitioner submits that admittedly the petitioner belongs to MBC (Vanniar) category. Since the Vanniar Community to which the petitioner belongs comes under OBC category undre the Government of India, he had applied for recruitment to the post of Assistant pursuant to Notification No.A-34012/7/E1/2024/DP&AR (EXAM) dated 22.08.2024 issued by the Department of Personnel and Administrative Reforms (Personnel Wing), Government of Puducherry, under OBC category. The petitioner was successful in the competitive examinations and temporary appointment order was issued to her subject to verification of documents. The petitioner had participated in the document verification and produced her OBC Certificate. However, the 2nd respondent by order dated 05.12.2025 informed the petitoiner that the OBC Certificate produced by her is meant for appointment to posts under Government of India and requested her to produce fresh Community Certificate meant for appointment to posts under Govenrment of Puducherry on or before 17.12.2025, failing which the offer of appointment will be withdrawn/canelled. The learned counsel for the petitioner further submits that the inadverdent mistake committed by the petitioner cannot be hold against her for production of the said Certificate. Hence, the petitioner has filed this Writ Petition challenging the aforesaid order and further direct the 2nd respondent to consider the petitioner under MBC category.

4.Per contra, the learned Additional Government Pleader (Puducherry)

appearing for the respondents submits that the petitioner has made application only under OBC category. However, vacancies in each and every category has been clearly mentioned in the notification itself. Further, clauses 17.19 and 17.20 of the notification make it clear that the information/data furnished by the applicants are final and cannot be altered and requests for change of date of birth, category, etc., will not entertained on any account at a later date. Based on the marks obtained by the applicants in the competitive examinations, provisional selection list has been published under each category. Therefore, the rquest of the petitioner to change is category by OBC to MBC cannot be accepted at this point of time.

5.The relevant clauses of the notification are extracted below:-

“17.19 The information / data furnished by the applicants in the online application are final and cannot be altered after the closure of the a

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