The Supreme Court has declined to grant an urgent hearing on a plea challenging a Madras High Court order that set aside the appointment of 17 Personal Assistants (PAs) to High Court judges. The matter was mentioned for urgent listing before a partial working days Bench comprising Justices M. M.
Sundresh and Sheel Nagu by senior advocate S. Nagamuthu. However, the Bench declined the request, with Justice Sundresh observing, ‘Not tomorrow.’ The Madras High Court had passed the order in a suo motu case initiated in 2024 on the appointment of the PAs, finding several ‘illegalities, irregularities and unnecessary relaxations’ in the recruitment process.
The court found that the recruitment process violated Rule 14A of the Madras High Court Service Rules, 2015, which prescribes passing the Higher Grade examinations in English shorthand and typewriting as an essential qualification for appointment as a PA. The court pointed out that several in-service candidates who did not possess the prescribed qualifications were nevertheless appointed and granted a one-year grace period to acquire them. This relaxation, introduced through the recruitment notification itself, effectively denied equal opportunity to other eligible candidates.
The High Court held that such relaxation ‘sends a wrong signal to all the potential candidates and is directly infringing upon the Right to Equality under Article 14 of the Constitution.’ A Bench comprising Justices S. M. Subramaniam and N.
Senthilkumar held that relaxing an essential eligibility condition without any valid justification tilted the level playing field in favour of ineligible candidates and amounted to a serious breach of the service rules. The High Court also rejected a request made by the counsel for the 17 persons to permit them to serve as PAs to the judges since they had acquired necessary qualifications in the last three years. The Bench concluded that ‘if illegalities are cured, it will result in infringement of the rights of the other staff members who are all equals and are aspiring for the post of Personal Assistants to Hon’ble Judges.
That apart, it will create a wrong precedent.’
