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2026 Supreme(Online)(RCT) 1028

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. Jayachandran, J
SAHBAZ SHAH – Appellant
Versus
GENERAL MANAGER-NR – Respondent
W.P. No. 24144 of 2023



Important Points

Eligible candidates should be granted a fair opportunity for appointment, and delays in document submission justified by medical emergencies must be considered by the authorities in the interest of justice.

Subject

Service Law - Public Employment

Headnote

The petitioner, an engineering graduate, sought a writ of mandamus to compel the respondents to consider his representation for appointment to the post of Assistant Manager in the State Transport Corporation. Despite qualifying in the preliminary written examination of 2022 and meeting the merit cutoff, the petitioner was not called for an interview. The court found that the petitioner possessed the requisite qualifications and that the failure to produce original certificates during verification was due to a medical emergency. The central issue was whether the petitioner should be granted a fair opportunity for appointment despite the initial failure to produce documents. The court reasoned that the principle of justice requires a fair opportunity to be given to all candidates who meet the eligibility criteria, particularly when a delay in submitting documents is supported by a medical certificate. Accordingly, this writ petition is allowed with the following directions: (i) The respondents are directed to consider the representation dated 01.01.2023 submitted by the petitioner. (ii) The respondents shall pass a reasoned order on the said representation within a period of eight weeks from the date of receipt of this order.

Advocates:
For the Appellants/Petitioners: A. Ramanujam
For the Respondents: Government Pleader

Table of Content
1. petitioner's claim for appointment based on meeting merit criteria in a competitive examination. (Para 1 , 2)
2. dispute regarding the production of original degree certificates during the verification process. (Para 3)
3. the principle of justice necessitates fair opportunity for eligible candidates, especially when delays are medically justified. (Para 4 , 5)
4. direction to the authority to consider a representation and pass a reasoned order within a specified timeframe. (Para 6)

ORDER

G. JAYACHANDRAN, J.

1. The petitioner has filed this writ petition seeking a writ of mandamus to direct the respondents to consider his representation dated 01.01.2023 for appointment to the post of Assistant Manager in the State Transport Corporation.

FACTS OF THE CASE

2. The petitioner is a graduate in Engineering and possesses the requisite qualifications for the post. He submits that:

(i) He was selected in the preliminary written examination held in 2022.

(ii) He was not called for the interview despite meeting the merit cutoff.

(iii) He has submitted multiple representations to the authorities without any response.

The timeline of events is summarized in the table below:

Date Event Reference
01.01.2022 Application submitted by Petitioner Annexure A
15.06.2022 Publication of Preliminary Results Notification No. 12
01.01.2023 Representation sent to Respondent No. 2 Letter Ref: SK/2023/1

3. The learned counsel for the respondents submits that the petitioner failed to produce the original degree certificates during the verification process. However, the petitioner has now produced the scanned copies of the certificates [[IMG_1]] and the original documents are available for verification.

4. The court observes that the principle of न्याय (Justice) requires a fair opportunity to be given to all candidates who meet the eligibility criteria. The delay1Delay refers to the period between the cause of action and the filing of the petition. in submitting the documents was due to a medical emergency, which is supported by the medical certificate [[IMG_2]].

5. I have heard the learned counsel for both sides and perused the materials on record. The petitioner's grievance is genuine and the respondents are duty bound to consider the representation on its own merits.

6. Accordingly, this writ petition is allowed with the following directions:

(i) The respondents are directed to consider the representation dated 01.01.2023 submitted by the petitioner.

(ii) The respondents shall pass a reasoned order on the said representation within a period of eight weeks from the date of receipt of this order.

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