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2026 Supreme(Online)(Mad) 12036
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
M.VIGNESH – Appellant
Versus
THE SECRETARY – Respondent
W.P.No. 27718 of 2025
For the Appellants/Petitioners: Dakshayani Reddy, S. Suneetha
For the Respondents: R. Bharanidharan, A. Sivaji
Rejection of a candidate's application for lack of an experience certificate in a prescribed format is unsustainable if the employer is liquidated and the candidate provides alternative conclusive proof of employment, such as EPF records.
Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India challenging the rejection of his candidature for the posts of Deputy Manager (Materials) and Assistant Manager (Materials) on the grounds that an experience certificate from a former employer was not provided in the prescribed format. It was submitted that the employer, M/s. Cethar Limited, had undergone liquidation under Section 33(1)(a) of the Insolvency and Bankruptcy Code, 2016, making it impossible to obtain the certificate in the required format. The court found that the petitioner had provided an experience letter and service history from the Employees Provident Fund Organisation as evidence of employment. The central issue was whether the rejection of a candidate's application is sustainable when the prescribed format for an experience certificate cannot be obtained due to the liquidation of the employer, provided alternative conclusive evidence of employment is available. The court reasoned that the service history from the Employees Provident Fund Organisation clearly established the employment period, and since the company was closed by a liquidation order, the failure to produce the certificate in the prescribed format should not lead to the rejection of the candidate. The writ petition is allowed.
Writ petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus calling for the records pertaining to the impugned select list dated 18.06.2025 (Annexure 1) and quash the same in so far as the petitioner’s register number bearing 2501001317 is concerned and consequently direct the first respondent to admit the petitioner to the process of physical certificate verification and oral interview.
O R D E R
This writ petition has been filed seeking issuance of Certiorarified Mandamus calling for the records pertaining to the impugned select list dated 18.06.2025 (Annexure 1) and quash the same in so far as the petitioner's register number bearing 2501001317 is concerned and consequently direct the first respondent to admit the petitioner to the process of physical certificate verification and oral interview.
The learned Senior Counsel appearing for the petitioner submitted that the petitioner is a B.E.Graduate in Mechanical Engineering as well as a MBA Degree holder in Business Administration and is working in Coal India Limited as Assistant Manager (Materials Management) in Jharkhand. The petitioner applied for posts included in Combined Technical Services Examination (Interview Posts) - II which included the post of Deputy Manager (Materials) and Assistant Manager (Materials). Though the petitioner possess the required qualification for the said post, his candidature was rejected by the respondents on the ground that he did not possess the required experience.
The learned Senior Counsel appearing for the petitioner further submitted that along with the application, the petitioner produced the experience certificate in the format provided by the employer, however, the respondents accepted the experience certificate furnished by five employers in the format, however refused to accept the experience letter provided by one employer namely, M/s.Cethar Limited since the petitioner could not annexe the certificate in the format since M/s.Cethar Limited went on liquidation on the file of National Company Law Tribunal, Single Bench, Chennai in MA/32/IB/2018 filed in CP/511/IB/CB/2017 by the Resolution Professional Mr.V.Nagarajan under Section 33(1)(a) of the Insolvency and Bankruptcy Code, 2016 and closure order was passed on 25.04.2018 and hence, the petitioner was not able to obtain experience certificate from the said Company, however, he annexed the experience letter given by M/s.Cethar Limited and the same was annexed since he worked as Materials Management (Procurement) in M/s.Cethar Limited from 05.09.2011 to 18.08.2012. The petitioner downloaded the working period in M/s.Cethar Limited from the Employees Provident Fund Organisation in which it is clearly held that the petitioner is in employment in M/s.Cethar Limited from 05.09.2011 to 18.08.2012; in Durr India Private Limited from 10.05.2013 to 01.10.2018; in Mahle Anand Filter Systems Private Limited, Chennai from 03.10.2018 to 31.12.2019 and provident fund was paid by the respective employer which is conclusive proof to substantiate that the petitioner worked in M/s.Cethar Limited from 05.09.2011 to 18.08.2012, however, the respondents passed the impugned order, which is not sustainable one.
The learned Senior Counsel appearing for the petitioner further submitted that the petitioner is the only candidate available for the said post and no other meritorious candidate available and rejecting the said candidate for the reason not annexed the experience certificate in the prescribed format is not sustainable one.
The learned Standing counsel appearing for the first respondent submitted that since the petitioner has not annexed the experience certificate in the format provided in the recruitment notification, the rejection order was passed. The learned Standing Counsel further submitted that mere payment of EPF is not conclusive proof to substantiate that the petitioner possess the necessary experience.
