2026:MHC:3057WP.(MD).No.35806 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 15 / 07 / 2026

DELIVERED ON : 23 / 07 / 2026

CORAM:

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

AND

THE HON'BLE MR. JUSTICE R.SAKTHIVEL

W.P. (MD) No.35806 of 2025

and

W.M.P. (MD) Nos.13624, 13626 of 2026 & 28430 of 2025

Sathesh Kumar

S/o.Chellan

No.4/291, Peruvazhikadavu

Moolayarai,

Ponmanai Post,

Kanyakumari District. … Petitioner

Versus

1.The Principal Secretary to Government of Tamil Nadu

Rural Development and Panchayat Raj (E5) Department

St. George fort, Secretariat

Chennai.

2. The Commissioner,

Rural Development and Panchayat Raj Department,

Commissionerate,

Chennai.

3. The District Collector,

Kanyakumari District At Nagercoil.

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WP.(MD).No.35806 of 2025

4. Surulacodu Village Panchayat

Represented by its Special Officer Mangala tharai

Surulacodu Mukampala post

Kanyakumari District.

5.J.Abitha

W/o.Late.Anbarasan,

No.2-333/1, Kaliyamman Kovil

Street, Adhanur Village,

Papanasam Taluk, Thanjavur

District-612 301.

Note: Fifth respondent is

impleaded vide Order of this

Court dated April 29, 2026 in

W.M.P. (MD) No.6889 of 2026

in W.P. (MD) No.35806 of 2025

by NSKJ and MJRJ.

6. Mohammed Baijul Ali,

S/o. Late.D.Sapthar Ali

No.22C, Nearby Periya Pallivasal

Kollidam Mukootu, Sirkali-609111,

Mayiladuthurai.

7. P.Anushiya

W/o. A.Ajith Kumar

No.1-48, East Street, Thirumangalam, Karadikal

Madurai District.

8. B.Sanofarnisha

D/o. H.Barkath,

No.189/1, Muslim Street

Paramathi Post, Paramathi Velur Taluk,

Namakkal District.

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WP.(MD).No.35806 of 2025

9. V.Dhanush Kumar

S/o. T.Velu

No.59, 15A/3, Perumal Street, Big Kanchipuram

Kanchipuram District.

10. R.Vishnupriya

D/o. S.Rajadurai

No.5/26, Vellazhar Street,

Nangur, Mayiladuthurai District.

11. D.Palani

S/o. K.Duraisamy

No.2/48, Keelur, Periyakannalapatti

Tirupathur-635654.

12. K.Jaya Mani

D/o. Krishnamoorthy

No.426/37A, Krishnapuram

Pulippar, Thiruppur-638460.

13. M.Magesh Kumar

S/o. Mahendran

No.369, Kattu Kollai

Vadamadurai, Tiruvallur- 601102.

14. P.Sithan

S/o. K.Palanichamy

No.3/34, North Street

V.Pudur, Valayapatti Panchayat

Chatravellalapatti Post

Vadipatti Taluk

Madurai District.

15. M.Velmurugan

S/o. M.Muniyasamy,

Samathuvapuram,

Tharuvaikulam Post, Ottapidaram Taluk,

Thoothukudi District.

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WP.(MD).No.35806 of 2025

16. P.Sharmila

D/o. K.Perichi

No.3/33, North Street

V.Pudur

Chatravellalapatti Post

Vadipatti Taluk

Madurai District.

17. S.Senthamaraiselvi

W/o.R.Ganeshkumar

No.901, Middle Street

Periyathathur

Ariyalur.

18. K.Yamini

D/o. K.Kailasam

No.1/58, Anna Street

Mullipattu, Arni

Thiruvannamalai District.

19. M.Karthika

D/o. K.Muthukrishnan

No.718, East Street

Konnaiyampatti

Pudukkottai District.

20. K.Sowndharya

D/o. R.Kalimuthu

No.8A, Erachi Masthan Nagar

Dharapuram

Tiruppur District.

21. A.Anandharaj

S/o. P.Aindhunadu

West Street, Parathur

Karaiyavetti Post

Karaiyavetti

Ariyulur District.

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22. R.Abhirami

D/o. R.Ravi,

Senthil Nagar South, Anna Nagar, P.N.Road

Tiruppur, Tiruppur District.

23. T.Praveen Kumar

S/o. R.Tamilarasan

No.1/273, E.B.Office

Backside of Poovetha Leth

Madurai Road, E.B.Office,

Usilampatti, Madurai District.

24. G.K.Partheeban

S/o. G.Govindhasami

No.2/94, Govindhasami, Kovil Street, Komalur

Thirukoilur, Kallakurichi-606205 ... Respondents

Note: Respondents - 6 to 24 are

impleaded vide Order of this

Court dated April 29, 2026 in

W.M.P. (MD) No.7034 of 2026

in W.P. (MD) No.35806 of 2025

by NSKJ and MJRJ.

PRAYER in W.P. (MD) No.35806 of 2026: Writ Petition filed under

Article 226 of the Constitution of India, praying to issue a Writ of

Declaration, declaring that the Rule 3 of Tamil Nadu Village Panchayat

Secretaries (Condition of Service) Rules, 2023 framed under G.O.(Ms).No.

113, (Rural Development and Panchayat Raj (E5) Department, dated

September 13, 2023 as null and void and consequently declare G.O.

(Ms).No.198, (Rural Development and Panchayat Raj (E5) Department,

dated September 04, 2025 is in valid and also consequently direct the third

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respondent not to proceed pursuant to the proceedings of the second

respondent vide Na. Ka.No.71176/2023/F2 dated September 29, 2015 by

directly recruiting or posting Panchayat Secretary to the fourth respondent

Panchayat and also direct the respondents to permit the petitioner Panchayat

to make appointments to its sanctioned posts strictly in accordance with the

recruitment rules framed under G.O.(Ms).No.175, (Rural Development and

Panchayat Raj (E5) Department, dated December 15, 2006 by retaining the

Executive Authority of Village Panchayat as the appointing authority in

terms of Articles 243B to 243G of the Constitution.

PRAYER in W.M.P. (MD) No.28430 of 2025: Writ Miscellaneous Petition

is filed praying to stay the operation of Rule 3 of TamilNadu Village

Panchayat Secretaries (condition of service) Rules, 2023 framed under

G.O.Ms.No.113 (Rural Development and Panchayat Raj (E5) Department,

dated September 13, 2023 and consequential proceedings initiated by

respondents pursuant to G.O.Ms.No.113 pending disposal of the writ

petition.

PRAYER in W.M.P.(MD).No.13624 of 2026: Writ Miscellaneous Petition

is filed praying to implead the petitioner Association as party to the Writ

Petition in W.P.(MD).No.35806 of 2025 as Respondent No.25.

PRAYER in W.M.P.(MD).No.13626 of 2026: Writ Miscellaneous Petition

is filed praying to Vacate the interim stay granted W.M.P. (MD) No.28430 of

2025 in W.P.(MD) No.35806 of 2025 dated March 04, 2026.

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For Petitioner :Mr. K.P. Narayana Kumar

For Respondents 1 to 4:

M/s. B. Saravanan, Additional

Advocate General, assisted by Mr.

S.I. Muthiah, Counsel for the

State of Tamil Nadu

For Respondent-5 :Mr. S. Gurumurthy

For Impleading

Petitioner

:Mr. S. Saravagan Prabhu

For Respondents 6 to 24:V.George Raja (No appearance)

* * *

R.SAKTHIVEL, J. O R D E R

The captioned writ petition has been filed with the following prayer:

"(i) To declare that Rule 3 of the Tamil Nadu Village Panchayat

Secretaries (Condition of Service) Rules, 2023 framed under G.O.

(Ms) No. 113, Rural Development and Panchayat Raj (E5)

Department, dated September 13, 2023, as null and void;

(ii) To declare that G.O. (Ms) No. 198, Rural Development and

Panchayat Raj (E5) Department, dated September 04, 2025, as

invalid;

(iii) To direct the third respondent not to proceed pursuant to the

proceedings of the second respondent vide Na. Ka. No.

71176/2023/ F2 dated September 29, 2025 by directly recruiting

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or posting a Panchayat Secretary to the fourth respondent -

Panchayat;

(iv) To direct the 'respondents' (sic, read as 'respondents 1 to 3')

to permit the 'petitioner' (sic, read as 'fourth respondent') -

Panchayat to make appointments to its sanctioned posts strictly in

accordance with the recruitment rules framed under G.O. (Ms)

No. 175, Rural Development and Panchayat Raj (E5) Department,

dated December 15, 2006, by retaining the executive authority of

the Village Panchayat as the appointing authority in terms of

Articles 243B to 243G of the Constitution of India;

(v) To pass such further or other orders as this Court may

deem fit and proper in the circumstances of the case and thus

render justice."

2. The writ petitioner has filed an affidavit in support of the writ

petition, wherein it has been stated that he is residing in Surulacodu

Village Panchayat, Thiruvattar Union, Kanyakumari District. The

petitioner contends that the post of Panchayat Secretary in Surulacodu

Village Panchayat and five other Panchayats in Thiruvattar Union are

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vacant. The petitioner has passed 10

th

standard with 221 out of the total

500 marks. His legitimate expectation to acquire the post of Panchayat

Secretary of Surulacodu Village Panchayat has been curtailed by the

action of the State in framing Rule 3 of 'the Tamil Nadu Village

Panchayat Secretaries (Condition of Service) Rules, 2023' ['2023 Rules'

for brevity], as per which, appointment to the posts of Panchayat

Secretary are to be made by direct recruitment by the District Level

Committee through an open and competitive recruitment process with

adherence to reservation policies and even a non-resident of the

respective village is eligible for appointment to the said posts.

2.1. Further the petitioner states that the second respondent, who

is the Commissioner of Rural Development and Panchayat Raj

Department, vide Na. Ka. No. 71176/2023/F2 dated September 29, 2025,

directed the District Collectors in the State to fill up the vacancies to

posts of Panchayat Secretary in all the Panchayats by considering the

District as one unit and further directed to invite applications from the

candidates.

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2.2. Further the petitioner states that, the first respondent, who is

the Principal Secretary to the Government, Rural Development and

Panchayat Raj Department (E5), pursuant to Rule 3 of the 2023 Rules,

issued guidelines for mode of selection and appointment of Village

Panchayat Secretaries vide G.O. (Ms) No. 198, Rural Development and

Panchayat Raj (E5) Department, dated September 04, 2025.

2.3. According to the petitioner, the aforesaid Rule 3 of 2023,

pursuant directions and guidelines are not only arbitrary,

disproportionate and ultra vires, but also violative of the principle of

self-government of Panchayat under Article 243(d) read with Article

243B of the Constitution of India. Further, the petitioner finds them

contrary to the definitions of 'Panchayat' and 'Panchayat Area' under

Articles 243 (d) and 243 (e) respectively. Further, the petitioner

contends that, considering all the Panchayats in a District as one unit,

violates the basic structure of the Constitution of India. Hence, the writ

petition.

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3.Mr.K.P.Narayana Kumar, learned Counsel appearing for the writ

petitioner would contend that, each Panchayat is a separate and

independent institution of self-government under Part IX of the

Constitution of India. The Government of Tamil Nadu issued G.O. (Ms)

No. 175, Rural Development and Panchayat Raj (E5) Department, dated

December 05, 2006, whereby the Panchayat President was made the

appointing authority for the posts of Panchayat Assistant / Part-time

Clerk. Later, the said post was renamed as Panchayat Secretary and

converted into a full-time post. The newly framed Rule 3 of the 2023

Rules infringes upon the power of self-government of Panchayats. The

power of Panchayat President has been curtailed, it has been taken away,

by way of the impugned Rule 3. Further, Rule 3 (iii) and Rule 3 (iv) of

2023 Rules are contradictory to each other. He would further contend

that there is no guarantee that the District Level Committee, which is to

select the Panchayat Secretaries, would act in a free and fair manner.

There is every possibility that the selection could be politically

influenced. Such a selection would be a threat to the very idea of

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Panchayat as an institution of self-government through the Panchayat

Raj System and violative of the very spirit of Part-IX of the Constitution

of India. Accordingly, he would pray to allow the writ petition as prayed

for.

4.On the other hand, Mr.B.Saravanan, learned Additional

Advocate General assisted by Mr.S.I.Muthiah, learned State Counsel,

appearing for respondents 1 to 4, would submit that Section 102 of 'the

Tamil Nadu Panchayat Act, 1994 [Tamil Nadu Act No.21 of

1994]' ['T.N.P.A. Act' for short] acts as the source of power for the

Government to frame the 2023 Rules. 2023 Rules does not violate or

infringe upon the Part IX of the Constitution of India in any manner. The

2023 Rules in no way affects the self-government of Panchayats.

4.1. Further, he would invite attention to the proviso to Section

106 of the T.N.P.A. Act and submit that even though the executive

authority / Panchayat President has the powers to punish its servants for

breach of departmental rules or discipline or for carelessness, unfitness,

neglect of duty or other misconduct, an exception is carved out in the

case of Panchayat Secretaries, where the authorised officer by the

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Government holds such powers. If in case any Panchayat Secretary

disobeyed or violated rules or committed any misconduct or committed

any neglect act, the Panchayat President can very well complain before

the authorised officer for taking Disciplinary Proceedings or any other

suitable actions. Further, any full-time recruitment in a public office

shall be made only after widespread public notice through newspaper

publications, display on public office notice boards, etc., and by inviting

applications from employment exchanges. Reservation policies must also

be followed during such appointments. Keeping all these in mind, in

order to ensure effective administration and transparent selection with

equal opportunity to everyone, the 2023 Rules has been framed.

4.2.He would further invite attention to Section 201 of the

T.N.P.A. Act and submit that the statute itself provides some check and

balances to provide effective administration of Panchayats. If selection to

the posts of Panchayat Secretary is made at Panchayat level by the

Panchayat President, it would not be possible to follow reservation

policies. Further, given that the Panchayat President's tenure is only 5

years, the continuity and accountability of persons so selected and

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appointed as Panchayat Secretaries by the Panchayat President, would be

uncertain. Further, selection at the hands of Panchayat President, could

result in appointments as per one's own whims and fancies which is a

threat to proper governance, especially at rural levels.

4.3.He would further contend that, as per the guidelines issued

pursuant to the 2023 Rules qua selection of Panchayat Secretaries, the

selection is based primarily on SSLC Mark (85%); and basic knowledge

on local bodies (10%) and personality (5%) as observed through a

personal interview are taken as additional criteria. Impugned Rule 3 and

pursuant guidelines are well within the powers of the Government and

are not violative of Part-IX of the Constitution of India, or Article 243D

read with Article 243B of the Constitution of India. Stating so, he would

pray to dismiss the writ petition.

5.Mr.Gurumoorthy, learned Counsel appearing for the fifth

respondent, and Mr.S.Sarvagan Prabhu, learned Counsel for the

impleading petitioner - Association in W.M.P. (MD) No.13624 of 2026,

reiterate the averments made by the learned Additional Advocate

General. Mr.S.Sarvagan Prabhu in addition reiterates the averments

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contained in the affidavit filed in support of Impleading Petition and

prays to implead the petitioner - Association in the writ petition.

6. Heard on either side. Perused the materials available on record.

7. A three-tier Panchayat system is contemplated under the

T.N.P.A. Act viz., Panchayat at district level, Panchayat at union or block

level and Panchayat at village level. Section 102 thereof inter-alia

empowers the State Government to frame service rules governing the

employees in Village Panchayat. For ready reference, Section 102 of the

T.N.P.A. Act is extracted hereunder:

"102. Conditions of service of officers and servants of

Panchayats.-

(1) The Government shall have power to make

rules regarding the authorities who may appoint the

officers and servants of Panchayats, other than the

Commissioners and the Secretaries and the

classification, method of recruitment, pay and

allowances, discipline and conduct and conditions of

service of such officers and servants. Such rules may

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provide for the constitution of any class of officers or

servants of Village Panchayats, Panchayat Union

Councils and the District Panchayats, as the case may

be, other than the Commissioners and the Secretaries,

into a separate service for the whole or any part of the

state.

(2) Subject to the provisions of this Act and any

Rules which the Government may make in this behalf,

the Panchayat Union Council or the District

Panchayat, as the case may be, may frame regulations

in respect of the officers and servants on the staff of the

Panchayat Union Council or the District Panchayat,-

(a) fixing the amount and nature of the security to be

furnished;

(b) prescribing educational and other

qualifications;

(c) regulating the grant of leave, leave allowances, acting

allowances and traveling allowances;

(d) regulating the grant of pensions and

gratuities;

(e) establishing and maintaining Provident Funds and

making contributions thereto compulsory;

(f) regulating conduct; and (g) generally prescribing

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conditions of service:

Provided - (i) that the grant of any leave, leave allowances, traveling

allowances, pension or gratuity provided for in such regulations shall in no

case, without the special sanction of the Government exceed what would be

admissible in the case of Government servants of similar standing and

status;

(ii) that the conditions under which such allowances are granted or any

leave, superannuation or retirement is sanctioned shall not without similar

sanction, be more favourable than those for the time being prescribed for

such Government servants.

(3) A Rule may be made under sub-section (1) in

so far as it relates to officers and servants of Village

Panchayats and Panchayat Union Councils, so as to

have retrospective effect on and from a date not earlier

than the date of commencement of this Act."

8.Three categories of employees are engaged in Village

Panchayat, namely (i) Village Panchayat Secretary [full-time], (ii)

Thooimai Paniyalargal [Sanitary Workers] [full-time], and (iii) Over-

Head Tank [OHT] Operators [part-time].

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9. Before the year 2006, Panchayat Assistants and Part-time

Clerks were employed in Village Panchayat on a consolidated pay basis.

The State Government of Tamil Nadu vide G.O. (Ms) No. 175, Rural

Development and Panchayat Raj (E5) Department, dated December 15,

2006, shifted them from consolidated pay to time-scale of pay. Full time

Panchayat Assitants were designated as 'Panchayat Assistant – Level 1'

and part time clerks become Full-time Panchayat Assistant and were

designated as 'Panchayat Assistant Level-2'. Their duties and

responsibilities were also fixed by the Government. The Village

Panchayat President was their appointing authority. Higher Secondary

Education was set as minimum qualification. Another qualification was

that the candidate shall be a resident of that particular village and in case

of non-availability of a suitable candidate in that particular village,

candidates from adjacent villages may be considered. Privileges such as

pensionary benefit, selection grade, compassionate appointment for legal

heirs, provident funds and enhancement of earned leave are not

applicable for the aforesaid posts. They were working under the

administrative control of the Panchayat Presidents. This Court deems fit

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to the extract hereunder the duties and responsibilities of Panchayat

Assistants and Part-time Clerks as provided under G.O. (Ms) No.175,

Rural Development (Panchayat) Department, dated December 5, 2006:

"Duties and Responsibilities

i. Preparation and dispatch of tax demand notices.

ii. Collection of revenue, including Panchayat taxes, and the

maintenance of receipt books and other related registers.

iii. Collection of fees pertaining to offensive and hazardous

trades.

iv. Maintaining Registers 1 through 31, covering revenue and

expenditure, including the Cash Book.

v. Maintaining the Panchayat's Asset Register.

vi. Making arrangements for the Panchayat's monthly meetings.

vii. Making arrangements for Gram Sabha meetings.

viii. Forwarding Panchayat resolutions to the Block Development

Officer (Panchayat) and the Assistant Director (Panchayat).

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ix.Numbering payment vouchers, recording entries in the Cash

Book, and submitting reports to the Extension Officer

(Panchayat), Deputy Block Development Officer, Block

Development Officer (Panchayat), or Assistant Director

(Panchayat).

x. Assisting the Village Panchayat President in maintenance

activities, including water supply, street light maintenance,

and road maintenance within the Panchayat, as well as in the

implementation of schemes introduced by the Central and

State Governments.

xi. Preparing the Panchayat's annual budget.

xii. Maintaining registers pertaining to Village Panchayat roads,

Panchayat Union roads, and Panchayat Poramboke

(communal) lands.

xiii. Maintaining the wage disbursement register for Panchayat

employees.

xiv. Handling all clerical duties related to the Village Panchayat.

xv. Maintaining the Daily Worker Attendance Register (NMR)

under the National Rural Employment Guarantee Scheme.

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xvi. Performing other duties assigned by the Government, the

Director of Rural Development and Panchayat Raj, or the

District Collector."

10.Subsequently, the nomenclature was changed from 'Panchayat

Assistant' to 'Panchayat Secretary' and a special pay of Rs.500/- in addition

to special time-scale of pay was provided, vide G.O. (Ms) No.52, Rural

Development and Panchayat Raj (E5) Department, dated August 29, 2011.

Thereafter, considering the increase in their duties and responsibilities, in

the year 2013, the Government of Tamil Nadu by exercising powers

conferred under sub-section (1) of Section 102 of the T.N.P.A. Act, made

'the Tamil Nadu Village Panchayat Secretaries (Condition of Service) Rules,

2013' ['2013 Rules' for brevity], whereof Rule 3 provided that appointment

to the post of Panchayat Secretary is to be made through direct-recruitment

through employment office and for the said purpose, the Personal Assistant

[Development] to the District Collector shall be the appointing authority

and they shall call for a list of suitable candidates from the District

Employment Exchange office duly indicating the qualifications and the

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name of the Village Panchayat. It also provided that, for the purpose of

appointment of Panchayat Secretary, each District shall be considered as one

unit and reservation policies shall be followed. SSLC Pass or qualification

equivalent thereto was prescribed as minimum educational qualification.

Another qualification was that the candidate shall be a resident of that

particular village and in case of non-availability of such a candidate within

the village, eligible candidates from adjoining village panchayat of the same

block shall be considered. Further various other qualifications were also

prescribed which are not of much relevance in this writ petition. The

Panchayat President, who is the Executive authority notified under Section

83 of the T.N.P.A. Act, has administrative control over the Panchayat

Secretary. The appointing authority, who as stated above is the Personal

Assistant [Development] to the District Collector, has power to suspend and

impose penalties on delinquent Panchayat Secretary as well, and the District

Collector is the appellate authority for appeals thereto.

11. At this juncture, this Court would like to note that a batch of

writ petitions in W.A. (MD) No.1772 of 2023 and W.P. (MD) Nos.7851 &

12032 of 2014, 16884 of 2013, were filed challenging the 2013 Rules.

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WP.(MD).No.35806 of 2025

During the pendency of the said writ petitions, the 2023 Rules were brought

into force replacing the 2013 Rules. Hence, noting the same, the writ

petitions were disposed of by this Court.

12.Part IX of the Constitution of India inter-alia deals with

Panchayats. The main contention of the writ petitioner is that the 2023

Rules infringes upon the power of self-government provided to Panchayat

under Part IX of the Constitution of India. According to the writ petitioner,

the act of the Government in depriving the power of Panchayat President to

appoint Panchayat Secretary and vesting the same with the District

Collector is a significant interference and infringement of the Panchayat as

an institution of self-government as contemplated under Part IX of the

Constitution of India.

13. A bare perusal of Part IX of the Constitution would show that

Panchayat has been described as an institution of self-government

thereunder. It can also be seen that the basic framework of Part IX qua

Panchayats, is such that it empowers the State Government to make laws on

various aspects of Panchayats, including constitution, composition,

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reservation, powers, responsibilities, etc., in order to enable, establish and

facilitate self-government by Panchayats. Accordingly, the Government of

Tamil Nadu has framed the T.N.P.A. Act, whereof Section 102 (extracted

above), bearing the heading "Conditions of service of officers and servants

of Panchayats", provides that the Government has the power to frame Rules

qua appointing authorities, method of recruitment, pay and allowances,

classification, discipline, conduct, and conditions of service, in respect of

officers and servants of Panchayat. The 2023 Rules were framed under such

power vested with the Government in terms of Section 102 of the T.N.P.A.

Act.

14.The writ petitioner's main point of attack is Rule 3 of the 2023

Rules. It bears the heading "Appointment" and provides that recruitment to

the post of Panchayat Secretary shall be done by the District Level

Committee by direct recruitment through an open and competitive process.

It further provides that reservation policy of the State as provided under

Tamil Nadu Government Servants (Conditions of Service) Act, 2016 [Tamil

Nadu Act No.14 of 2016] shall be applicable to the appointment to the post

of Panchayat Secretary and also that the Panchayat Secretary shall reside in

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WP.(MD).No.35806 of 2025

the respective Village Panchayat. As it can be seen, Rule 3 of the 2023

Rules is well within the scope of the power vested upon the Government

under Section 102 of the T.N.P.A. Act; it stipulates only the recruiting

authority, the mode of recruitment, applicable reservation policy and

conditions of service and nothing more. Further, Rule 4 of the 2023 Rules

provides that the appointing authority shall be the Executive authority of the

Village Panchayat, who is none other than the Panchayat President as

notified vide G.O. (Ms) No.225 Rural Development (C.I.) Department,

dated October 15, 1996. Thus, it is clear that, as per the scheme under the

2023 Rules, only the selection / recruitment of the Panchayat Secretary is

vested with the District Level Committee consisting of the District Collector

and others. The appointing authority for the Panchayat Secretary lies in the

hands of Panchayat Presidents of the respective Panchayat. Further, as a

matter of fact, even earlier under the scheme of 2013 Rules, the Panchayat

Presidents were not vested with the power of recruitment of Panchayat

Secretaries; they were not even the appointing authority under the 2013

Rules. It was the Personal Assistant (Development) to the District Collector

who was responsible for recruitment as well as appointment of Panchayat

Secretaries under the 2013 Rules.

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WP.(MD).No.35806 of 2025

15. That apart, while in general, in service law, power to appoint

means power to suspend or dismiss as well, in the case of Panchayat

Secretaries, this general principle would not apply in view of the statutory

provision under the proviso to Section 106 of the T.N.P.A. Act, as per

which, even though the Panchayat Presidents are the appointing authorities

for Panchayat Secretaries, they do not hold the powers to dismiss, suspend

or take disciplinary actions and such powers are vested with the authorised

officer contemplated thereunder. Nonetheless, the Panchayat President

would continue to exercise administrative control over the Panchayat

Secretary and he/she can very well raise their concerns / complaints against

the Panchayat Secretary before the authorised officer for appropriate action.

Given that Panchayat Secretary remains under the administrative control of

the Panchayat President, which includes sanctioning of monetary

increments, this provision provides a check and balance mechanism. A

system of checks and balances ensures fairness and helps prevent

arbitrariness, which would only promote the accountability, transparency

and efficiency of the Panchayat administration and in no way threaten its

power of self-government.

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WP.(MD).No.35806 of 2025

16.As regards the guidelines for mode of selection and

appointment of Panchayat Secretaries issued pursuant to Rule 3 of 2023

Rules vide G.O. (Ms). No. 198, Rural Development and Panchayat Raj (E5)

Department, dated September 04, 2025, they provide for reservation

category wise age limit. They further provide the evaluation criteria,

whereunder it is provided that 85% of the evaluation marks shall be based

on the candidate's SSLC mark, 10% shall be based on the assessed

knowledge on local bodies through interview and 5% shall be based on the

candidate's personality as assessed in the interview. The guidelines further

provide that wide-spread public notice shall be issued through newspaper

publication and other means and that suitable applications may be called for

from employment exchanges as well. The guidelines touch upon some other

aspects as well, which are not relevant for the purpose of this writ petition

and hence, need not be discussed.

17.As it could be seen from the above, as both the 2023 Rules and

the guidelines issued pursuant thereto deals only with the mode and process

of recruitment, reservation, conditions of service, etc., they are well within

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WP.(MD).No.35806 of 2025

the scope of Part IX of the Constitution of India and Section 102 of the

T.N.P.A. Act. Neither of them exceed the scope of powers vested with the

State Legislative under Part IX of the Constitution of India and Section 102

of the T.N.P.A. Act. They are reasonable and not arbitrary in nature. They, in

fact, further the idea of Panchayat self-government and better administration

when compared to the earlier Rules viz., 2013 Rules. While under the 2013

Rules, the Personal Assistant [Development] to the District Collector was

the appointing authority qua Panchayat Secretaries, the 2023 Rules made

the Panchayat President as the appointing authority for the post of

Panchayat Secretary. Further, in the 2013 Rules, under Rule 5(2)(ii), it was

provided that a candidate must be a resident of the Village Panchayat in

order to be eligible for appointment as Panchayat Secretary. But in the 2023

Rules, under Rule 3(2)(V), it has only been made as a service condition that

the Panchayat Secretary shall be a resident of the Village Panchayat, which

means after appointment, the Panchayat Secretary shall reside in the

respective Village Panchayat. While the eligibility condition that one must

be a resident could be unreasonable, for it hinders providing equal

opportunity to a wide range of people and choosing the best among them,

the service condition that the Panchayat Secretary shall reside in the Village

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WP.(MD).No.35806 of 2025

Panchayat is reasonable given the nature of their duties and responsibilities.

Furthermore, under the 2023 Rules, the Panchayat Secretaries are to be

trained at the Regional Institute of Panchayat Raj or any other institution as

ordered by the Government, and are supposed to pass a test at the end of

such training. Besides, they are also supposed to qualify departmental tests

conducted by the Tamil Nadu Public Service Commission on the T.N.P.A.

Act, relevant Rules and the Constitution of India. These would help ensure

the fitness of Panchayat Secretaries for their posts and improve their

efficiency level as well. If Panchayat Secretaries are to be recruited by the

respective Panchayat Presidents, such level of competence and human

resource development cannot be ensured. Moreover, the post of Panchayat

Secretary being only one in each Village Panchayat, if Panchayat President

is to recruit the Panchayat Secretary, it would not be possible to follow

reservation policies [Vide Judgment of Hon'ble Supreme Court in Post

Graduate Institute of Medical Education & Research, Chandigarh -vs-

Union of India, reported in (1998) 4 SCC 1].

18.By framing the 2023 Rules and providing an open and

competitive method of recruitment for the posts of Panchayat Secretary, the

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WP.(MD).No.35806 of 2025

State Government is in no way infringing upon the core functions of the

Village Panchayat nor undermining its power. On the other hand, the

Government is trying to regulate and standardise public employment in a

manner that would ensure effective administration at Panchayat level and

thereby support Panchayat as an institution of self-government. Hence,

considering a district as one unit for the purpose of appointment of

Panchayat Secretaries would in no way infringe upon Part IX of the

Constitution of India nor does it violate the basic structure doctrine.

19.As regards the contention regarding political influence in

District Level Committee, the recruitment process is contemplated to be an

open and competitive one. Further, the evaluation criteria is also clearly set

under the 2023 Rules; 85% of the evaluation marks is based on the

candidate's SSLC Marks and only 15% is based on the interview. The 15%

as well is clearly split between knowledge on local bodies (10%) and

personality (5%). Furthermore, recruitment is to be made only after wide-

spread public notice as per the guidelines issued pursuant to Rule 3 of 2023

Rules vide G.O. (Ms). No. 198, Rural Development and Panchayat Raj (E5)

Department, dated September 04, 2025. In these circumstances, the

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WP.(MD).No.35806 of 2025

apprehension of political influence or any influence for that matter in the

recruitment process of Panchayat Secretary as provided by 2023 Rules and

pursuant guidelines, is misconceived and unreasonable. On the other hand,

if the recruitment is to be vested with the hands of Panchayat President as

claimed by the writ petitioner, it is only then fairness, impartiality and

transparency would be in question, as there is every possibility that the

Panchayat President, being the sole recruiting authority enjoying unfettered

discretion without any fixed criteria, makes recruitments as per their own

whims and fancies.

20.At this point, this Court would like to cite here the Judgment of

Hon'ble Supreme Court in the case of Excise Superintendent,

Malkapatnam -vs- K.B.N.Vishweshwara Rao, reported in (1996) 6 SCC

216, wherein with a view to serve the fair-play and maintain equality of

opportunity in the matter of employment to all eligible candidates, it was

held that it is mandatory for the requestioning authority / establishment to

intimate the employment exchange, which in turn, is supposed to sponsor

the names of the candidates to the requestioning departments strictly in

accordance with seniority and reservation, as per requisition. It was further

held that, the appropriate department / establishment, shall call for the

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WP.(MD).No.35806 of 2025

names by publication in the newspapers having wider circulation and also

display on their office notice boards or announce on radio, television etc,

and then they are supposed to consider the candidatures of all the

candidates.

21.Following the afore-cited Judgment of the Hon'ble Supreme

Court as well as some other Judgments of Hon'ble Supreme Court and this

Court, this Court in Commissioner, Department of Employment and

Training -vs- K.P.Jaganathan (Full Bench) in W.A. No.1027 of 2013 dated

June 9, 2014, held thus:

"14. It is also relevant, at this juncture, to note

that the Three Judge Bench of the Hon'ble Supreme

Court, in the decision reported in 2014 (2) SCALE 262

[Renu and others v. District & Sessions Judge, Tis

Hazari and another] reiterated the above said

proposition of law and gave a direction to all the High

Courts to comply with the purport of Articles 14 and 16

of the Constitution of India while filling up of any

vacant post either in the High Court or in the

Subordinate Courts throughout the India. In the said

decision, the Hon'ble Supreme Court held that "post

shall be filled up by issuing the advertisement in atleast

two newspapers and one of which must be in

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WP.(MD).No.35806 of 2025

vernacular language having wide circulation in the

respective State, apart from calling for a list from the

local employment exchange and any vacancy filled up

without advertising as prescribed, shall be void ab-

initio and would remain unenforceable and

inexecutable except the appointment on compassionate

grounds, as per the Rules applicable"."

22. Notably, the Government of Tamil Nadu, vide G.O. (Ms) No.

44, Labour and Employment (D2) Department, dated March 11, 2015, upon

careful examination, decided to implement afore-cited Judgment of this

Court and accordingly, issued directions to the Secretaries of various

Departments to adhere to the Judgment while filing up vacancies in their

respective Departments. The guidelines issued pursuant to Rule 3 of 2023

Rules vide G.O. (Ms). No. 198, Rural Development and Panchayat Raj (E5)

Department, dated September 04, 2025, inter-alia stipulate wide-spread

public notice through at least two newspaper publications of which one

must be vernacular newspaper, and call for applications from employment

exchange, which are in tune with the Judgments of the Hon'ble Supreme

Court and this Court.

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WP.(MD).No.35806 of 2025

23.In view of the foregoing narrative, this Court holds the

impugned 2023 Rules and the pursuant directions and guidelines are not

violative but in tune with Part IX of the Constitution of India as well as the

Judgments of Hon'ble Supreme Court and this Court. Therefore, the writ

petition is liable to be dismissed. The Impleading Petition in W.M.P. (MD)

No.13624 of 2026 filed praying to implead the 'Tamil Nadu Panchayat

Secretaries Association' as a party to the writ petition, is closed in view of

the final decision of this Court in the writ petition.

24.Before parting with the Judgment, learned Additional

Advocate General would submit that the recruitment process under the 2023

Rules for filling up nearly 1483 vacancies in the posts of Panchayat

Secretary commenced and about 3 Lakh applications were received and

interview is yet to be conducted. But there is no information available

before this Court as to whether wide-spread public notice through a

minimum of two newspaper publications (one vernacular) was given.

Hence, if such newspaper publications were not published in terms of the

guidelines issued pursuant to Rule 3 of 2023 Rules vide G.O. (Ms). No. 198,

Rural Development and Panchayat Raj (E5) Department, dated September

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WP.(MD).No.35806 of 2025

04, 2025, the same shall be duly issued, and applications shall be received

in addition to the already received 3 Lakh applications (approximately), and

the authorities shall proceed further with the recruitment. New vacancies

that might have arisen now may also be included in such newspaper

publications if so desired.

CONCLUSION

25. Resultantly, the writ petition is dismissed with the above

observation.

25.1.The Impleading Petition in W.M.P. (MD) No.13624 of 2026

shall stand closed.

25.2.The Stay Petition and Vacate Stay Petition in W.M.P. (MD)

No.28430 of 2025 and W.M.P. (MD) No.13626 of 2026 respectively,

shall stand closed.

25.3.In view of the facts and circumstances of this case, there shall

be no order as to costs.

(C.V.K.,J.) (R.S.V,J.)

23 / 07 / 2026

Index : Yes

Speaking Order : Yes

Neutral Citation : Yes

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WP.(MD).No.35806 of 2025

gvn

To

1.The Principal Secretary to Government of Tamil Nadu,

Rural Development and Panchayat Raj (E5) Department,

St. George fort, Secretariat,

Chennai.

2. The Commissioner,

Rural Development and Panchayat Raj Department,

Commissionerate,

Chennai.

3. The District Collector,

Kanyakumari District At Nagercoil.

4. Surulacodu Village Panchayat,

Represented by its Special Officer Mangala tharai,

Surulacodu Mukampala post,

Kanyakumari District.

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WP.(MD).No.35806 of 2025

C.V.KARTHIKEYAN, J.

AND

R.SAKTHIVEL, J.

gvn

PRE-DELIVERY JUDGMENT MADE IN

WP. (MD) No.35806 of 2025

23 / 07 / 2026

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