A candidate who has participated in a formal recruitment process and been declared ineligible (e.g., due to over-age) cannot subsequently seek regularisation of service without first challenging the rejection of their candidature.

JUDGMENT

[Judgment of the Court was made by M.DHANDAPANI, J.]

This intra-court appeal has been filed challenging the order made in W.P.(MD)No.10656 of 2021 dated 28.06.2021.

2. Learned Counsel for the appellant / writ petitioner would submit that the petitioner was initially appointed as Junior Assistant through employment exchange and the appellant was retained on temporary basis for more than five year and thereafter, brought under consolidated pay from 10.09.2014 vide Syndicate Resolution dated 18.05.2013. Even after bringing the appellant under consolidated pay, the appellant's service was not regularised. Hence, the appellant made a representation for regularisation of his service. However, the same was negatived by the respondent vide order dated 11.06.2021. Challenging the same, the appellant filed a Writ Petition in W.P.(MD)No.10656 of 2021. However, the writ petition was dismissed. Challenging the same, the present Writ Appeal has been filed.

3. Learned Counsel for the appellant would submit that admittedly, even today, the appellant is in employment a Junior Assistant with necessary qualification and subsequently, he participated in the recruitment process, however, he has become ineligible on the ground of over age. Though the rejection of his candidature was not challenged before this Court, even then, the appellant who has rendered a service more than a decade, is entitled for regularisation. Accordingly, he prays for appropriate orders.

4. Per contra, learned Standing Counsel appearing appearing for the respondent would submit that similarly situated persons already filed Writ Petitions and the same were dismissed. Thereafter, they preferred Writ Appeals in W.A.(MD)Nos.1331 to 1334 of 2023, which also came to be dismissed on 18.07.2025 and the appellant is a similarly situated person. Accordingly, he prays for dismissal of this Writ Appeal.

5. Heard the learned Counsel for the parties and perused the materials available on record.

6. The facts in the present case are not in dispute. Admittedly, the appellant was initially recruited as Junior Assistant on temporary basis and subsequently brought under consolidated pay vide Syndicate Resolution dated 18.05.2013 and as on date, he is receiving a consolidated pay.

However, in the interregnum period, the appellant also participated in the recruitment process in the year 2018. However, his candidature was declared ineligible on the ground of over age. Without challenging the rejection of his candidature, making a representation for regularisation is impermissible. However, the rejection of regularisation was made on the ground that the petitioner has participated in the recruitment process and has become ineligible and an ineligible candidate is not entitled for regularisation, which cannot be interfered with by this Court. Since similarly placed person's Writ Appeal has already been dismissed by this Court, following the same, this Writ Appeal also fails.

7. Accordingly, this Writ Appeal stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.