M.Vignesh Vs the Secretary

The Tamil Nadu Cements Corporation Ltd., Represented by its Managing Director, 5th, Aavin Illam, 3A, Pasumpon Muthuramalinga Thevar Rd, Rathna Nagar, Nandanam, Chennai, Tamil Nadu – 600 035.

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...Respondent(s)

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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

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https://www.mhc.tn.gov.in/judis

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W.P.No. 27718 of 2025

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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.

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For Petitioner(s): Ms.Dakshayani Reddy Senior Counsel for M/s.S.Suneetha For Respondent(s): Mr.R.Bharanidharan for R1 Standing Counsel for TNPSC Mr.A.Sivaji for R2

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O R D E R

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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.

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2.The learned Senior Counsel appearing for the petitioner submitted that

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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

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applied for posts included in Combined Technical Services Examination

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W.P.No. 27718 of 2025

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(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.

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3.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

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W.P.No. 27718 of 2025

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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.

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4.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.

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5.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.

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W.P.No. 27718 of 2025

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6.Heard the arguments advanced on either side and perused the materials available on record.

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7.The petitioner is a B.E.Graduate in Mechanical Engineering as well as a

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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). The petitioner's candidature was rejected by the respondents on the ground that he did not possess the required experience.

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8.Perusal of records reveal 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

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W.P.No. 27718 of 2025

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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. Inorder to prove his employment with M/s.Cethar Limited from 05.09.2011 to 18.08.2012, the petitioner has produced the service history from Employees Provident Fund Organisation in the additional typed set of papers, in which under the heading M/s CETHAR LIMITED it is stated Joining Date 05Sep-2011, Exit Date 18-Aug-2012, Total Service 0 Years 11 Months 13 Days and hence it is clear that the petitioner is in employment under M/s.Cethar Limited from 05.09.2011 to 18.08.2012 and since M/s.Cethar Limited went on liquidation and closure order was passed, the petitioner could not produce the experience certificate from M/s.Cethar Limited in the prescribed format. Hence, rejecting the petitioner for the reason that he has not annexed the experience certificate in the prescribed format is not sustainable one.

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9.The writ petition is allowed. The impugned selection list dated 18.06.2025 (Annexure 1) in so far as the petitioner's register number bearing 2501001317 is concerned is set aside. The first respondent is directed to select the petitioner and forward the selection list to the second respondent within a

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W.P.No. 27718 of 2025

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period of three weeks from the date of receipt of a copy of this order and the second respondent is directed to appoint the petitioner, within a period of two weeks thereafter. No costs. Consequently, the connected miscellaneous petitions are closed.

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04-02-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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PRI

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To 1.The Secretary Tamil Nadu Public Service Commission, No.3, TNPSC Road, Chennai – 600 003. 2.The Tamil Nadu Cements Corporation Ltd., Represented by its Managing Director, 5th, Aavin Illam, 3A, Pasumpon Muthuramalinga Thevar Rd, Rathna Nagar, Nandanam, Chennai, Tamil Nadu – 600 035.

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W.P.No. 27718 of 2025

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M.DHANDAPANI J.

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PRI

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W.P.No. 27718 of 2025 And W.M.P.Nos.31059 and 31060 of 2025 and 1766 of 2026