IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.01.2026 CORAM THE HONOURABLE DR. JUSTICE ANITHA SUMANTH and THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.5667 of 2009 and M.P.No.2 of 2009 K.Karthigeyan ... Petitioner(s)

Vs.

1. The Principal Secretary to the Government of Tamil Nadu, Highways and Minor Ports (HK3) Department, Fort St.George, Chennai – 9.

2. The Chief Engineer, State Highways, Chepauk, Chennai.

3. The Divisional Engineer, State Highways, Virudhunagar.

4. A.Nagarajan

5. K.Thavasilingam

6. M.Marimuthu

7. K.Palani

8. M.Murugapandi ... Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari, calling for the entire records in pursuant to the promotion order No.Se.Mu.Ka No.2091/2008/Aa2 dated 25.09.2008 on the file of the third respondent and consequent amendment in G.O (Ms) No.16 dated 21.01.2009 on the file of the first respondent and quash the same.

For Petitioner(s) : Ms.Ranjani for Mr.T.P.Prabhakaran For R1 to R3 : Mr.P.Ananda Kumar, Government Advocate For R4 to R8 : Mr.V.S.Jagadeesan for Mr.R.Rangaramanujam

O R D E R

(Order of the Court was made by MUMMINENI SUDHEER KUMAR, J.)

This writ petition has been filed seeking a writ of certiorari, calling for the records relating to and in connection with the order bearing Se.Mu.Ka.No.2091/2008/Aa2 dated 25.09.2008 issued by the third respondent and the orders issued by the Government in G.O.(Ms) No.16, Highways and Minor Ports (HK3) Department, dated 21.01.2009, and to quash the same.

2. The brief facts that are relevant for disposal of this writ petition are as under:-

2.1. The petitioner herein, who was appointed as ‘Salai Panialar (Trainee Gang Mazdoors)’ through proceedings dated 29.10.1997, was confirmed in the said post on 10.11.1998. Thereafter, when a panel was prepared for promotion to the post of ‘Road Inspector, Grade-II’ from the post of ‘Salai Panialar’ through proceedings bearing Se.Mu.Ka.No.2091/2008/Aa2 dated 25.09.2008, the petitioner claimed to have raised an objection against the said panel insofar as the inclusion of the names of the respondents 4 to 8 herein is concerned, on the ground that they do not possess the minimum educational qualification of ‘Pass in X Standard’ so as to be eligible for promotion to the post of ‘Road Inspector, Grade-II’.

2.2. According to the petitioner, in terms of the amendment made to the relevant rules through G.O (Ms) No.193, Highways & Minor Ports (HK3) Department, dated 01.08.2008, in order to be eligible for promotion, one must possess the qualification of ‘Pass in X Standard’ from a recognized school. But, the respondents 4, 5, 7 and 8, at the time of their initial appointment in the post of ‘Salai Panialar’, had disclosed their educational qualification as ‘Fail in X Standard’, and whereas the sixth respondent herein disclosed his qualification as ‘VI Standard’. In view of the same, the petitioner assumed that the respondents 4 to 8 does not possess the requisite qualification of ‘Pass in X Standard’ so as to be eligible for promotion to the post of ‘Road Inspector, Grade-II’.

2.3. Having failed to get any response on the representation/ objections of the petitioner made before the respondents 1 to 3, the petitioner earlier approached this court by filing W.P.No.23231 of 2008. While the said representation was pending, the third respondent issued proceedings dated 25.09.2008, promoting the respondents 4 to 8 to the post of ‘Road Inspector, Grade-II’. It was thereafter, the educational qualification that was prescribed through G.O (Ms) No.193, Highways & Minor Ports (HK3) Department, dated 01.08.2008, was further amended by issuing G.O (Ms) No.16, Highways and Minor Ports (HK3) Department, dated 21.01.2009, amending qualification for the post of ‘Road Inspector, Grade-II’, the same as ‘must have passed X Standard Examination from a recognized school or its equivalent examination duly recognized by the Government of Tamil Nadu’, with retrospective e