Madras High Court
M.Amritha … vs The Union Territory Of Puducherry on 27 November, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.46409 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2025
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.46409 of 2025
and
W.M.P.No.51760 of 2025
M.Amritha ….. Petitioners
Vs
1.The Union Territory of Puducherry,
Rep. by its Chief Secretary,
Secretariat, Puducherry.
2.The Government of Pondicherry,
Rep. by its Secretary,
Department of Health and Family Welfare Services,
Puducherry.
3.The Officer on Special Duty (Health),
Directorate of Health and Family Welfare Services,
Puducherry. ….. Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India
1/11
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W.P.No.46409 of 2025
praying to issue a Writ of Mandamus, directing the respondents herein more
particularly the respondents 2 and 3 to issue Posting Orders to the petitioner for the
post of Pharmacist (Allopathy) which is a Group “C” Post pursuant to the
notification in No.A.12020/1/E1/2025/DHFWS dated 02.06.2025, issued by the
respondents 2 & 3 forthwith.
For Petitioner : Mr.D.Ravichander
For Respondents : Mr.R.Sreedhar
Additional Government Pleader (Puducherry)
ORDER
This Writ Petition has been filed seeking a direction to the
respondents 2 and 3 to issue the posting order to the petitioner for the post of
Pharmacist (Allopathy) pursuant to the notification dated 02.06.2025 issued for the
said post.
2.Heard the learned counsel appearing on either side and perused the
materials available on record.
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3.The petitioner belongs to Most Backward Community. She is
qualified for appointment to the post of Pharmacist. The necessary education
qualifications prescribed for the post are High Secondary, Degree or Diploma in
Pharmacy from a recognized University/Institution along with registration in any
one of the Pharmacy Council. The petitioner possesses a Bachelor of Pharmacy
degree (herein after referred to as “B.Pharm”) and is registered with Pondicherry
Pharmacy Council. The petitioner applied for the said post and was selected and
was called for certificate verification and interview. Though the petitioner applied
under the Most Backward Class category, she was selected under the Unreserved
Category, since she secured 39.5625 marks in the written examination and placed
6th rank in the Unreserved category.
4.During the certificate verification, the respondents found that the
petitioner had undergone her B.Pharm course from 01.02.2021 to 23.06.2025.
Further, the petitioner was issued course completion certificate on 01.07.2025 and
the provisional certificate on 16.07.2025. She thereafter registered her B.Pharm
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degree with Pondicherry Pharmacy Council on 04.08.2025. The notification was
issued on 02.06.2025, and the applications were called for from 04.06.2025 and the
last date for submission of application was 24.06.2025. It is the grievance of the
respondents that the petitioner did not possess the course completion certificate and
the provisional certificate on or before 24.06.2025, the closing date for submission
of application.
5.The learned counsel appearing for the petitioner submitted that, as
per the Clause No.17.8 of the notification, the certificates/documents in support of
their educational qualifications and caste/category, etc. shall be sought from the
provisionally selected candidates at the time of certificate verification only.
During the certificate verification held on 24.09.2025, the petitioner had obtained
all the requisite certificates and produced the same before the second respondent.
That apart, though the duration of the B.Pharm course is four years, due to the
COVID-19 pandemic, the course period was extended till 23.06.2025. The
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petitioner completed the course on 23.06.2025 itself, i.e. before the closing date of
submission of application. That apart, she had secured high marks in the degree
examination and was selected under the Unreserved category, where she was
placed in the sixth rank as per the selection list.
6.The learned counsel appearing for the petitioner relied upon the
Judgment of the Hon’ble Division Bench of the High Court of Punjab and Haryana
reported in 2024 SCC Online P & H 9324 in the case of Harpreet Kaur Vs. State
of Haryana and others, wherein it has been held as follows :
12. These are all procedural lapses/delays for which the
students/candidates/aspirants for job should not suffer.
Apart from this, we have observed in other matters also,
some time there is lapse/delay on the part of certain
educational institutions, in issuance of marks
sheet/degrees. Therefore, the recruitment agencies
should take into consideration the date and year of
passing of the examination and not the date of issuance
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of the certificate. It is further clarified that if in any
exceptional cases there is some doubt regarding
authenticity of the marks sheet/date of declaration of
results, the candidate should be issued appointment letter
subject to the condition of their being retained in the job
as per the verification of the educational qualification
certificates with respect to the date and authenticity of
the document. It would reduce the unnecessary litigation
and would encourage all the meritorious candidates.
The recruitment agencies should be prudent enough to
select the best candidate by ignoring procedural lapse(s)
in the documents.”
7.The learned Additional Government Pleader (Puducherry) appearing
for the respondents submitted that the writ petition has been filed seeking a
direction, that too, without the petitioner having submitted any representation.
Hence, he sought for time to file a detailed reply.
8.Now the respondents are issuing appointment order based on the
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selection list, without considering the case of the petitioner. The petitioner has
made out a prima facie case to show that she completed her course of B.Pharm
course on 23.06.2025 i.e. even before the closing date for submission of
application, which was 24.06.2025. The petitioner was issued course completion
certificate on 01.07.2025 and the provisional certificate on 16.07.2025. She also
registered her degree with the Pondicherry Pharmacy Council on 04.08.2025. As
per Clause No.17.8 of the notification, the petitioner produced all the required
certificates at the time of certificate verification. Further, the notification does not
stipulate that the candidate must possess the educational qualification as on the
date of submitting the application. Even assuming that the educational
qualification ought to have been possessed on the closing date of application, the
petitioner had completed the course on 23.06.2025 itself. The issuance of the
course completion certificate and provisional certificate on later dates does not
affect the fact that she had completed the degree prior to the closing date. All
requisite documents were produced before the respondents at the time of certificate
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verification.
9.The above judgment relied upon by the learned counsel for the
petitioner is squarely applicable to the case on hand. Admittedly, duration of the
course of the petitioner was extended from four years to four and a half years due
to COVID-19 pandemic.
10.In view of the above, the second and third respondents are directed
to issue appointment order to the petitioner for the post of Pharmacist (Allopathy),
pursuant to the notification dated 02.06.2025, if the petitioner is otherwise fully
qualified for appointment to the said post.
11.With the above direction, this Writ Petition stands disposed of.
Consequently, connected miscellaneous petition is closed. There shall be no order
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as to costs.
27.11.2025
Neutral citation :Yes/No
Index:Yes/No
Speaking/Non speaking
Lpp
Note : Issue order copy today i.e. on 27.11.2025
To
1.The Chief Secretary,
Union Territory of Puducherry,
Secretariat, Puducherry.
2.The Secretary,
Government of Pondicherry,
Department of Health and Family Welfare Services,
Puducherry.
G.K.ILANTHIRAIYAN, J.
Lpp
3.The Officer on Special Duty (Health),
Directorate of Health and Family Welfare Services,
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Puducherry.
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27.11.2025
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