A division bench of Justices SM Subramaniam and N Senthilkumar observed that the Madras High Court Service Rules mandated direct recruitment if suitable in-service candidates were unavailable. Instead of adopting that course, the authorities relaxed the eligibility criteria to facilitate the appointment of in-service candidates, a move the court said would send a wrong message to the public and dilute the principle of merit in public employment. 

The bench noted that vacancies which could not be filled by eligible in-service candidates ought to have been opened for direct recruitment from the open pool. However, candidates lacking prescribed qualifications were allowed in the selection process, selected for appointment and later granted relaxation to cure their ineligibility. The court also found that over-aged and under-qualified candidates had been allowed to participate.

The court held that the selection process was therefore tainted and liable to be set aside.

The order came in a suo motu writ petition initiated over alleged irregularities in the recruitment of PAs to judges.