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Madras High Court· 03 September 2026

Can the hardship of a few be a ground to invalidate a statute or a rule?

T.JOTHIMURUGAN v. THE GOVERNMENT OF TAMIL NADU
WP.22887/2025 · 2026:MHC:3775 · WP NO. 22887 OF 2025
Coram: Justice S. M. Subramaniam · Justice Krishnaswamy Govindarajan
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Answer

The hardship of a few cannot be a ground to invalidate a statute or a rule.

No. The hardship of a few cannot be a ground to invalidate a statute or a rule. There is a presumption of constitutionality, the burden of proof lies on those who question the provision, and hardship of a few cannot be the basis for determining the validity of any statute. Inconvenience or hardship is likewise not a ground to interpret plain statutory language differently. A ratio fixed to eliminate inequality in the grant of promotion cannot therefore be said to be infirm.

Headnote

Tamil Nadu Urban Local Bodies Act, 1998 — s.198 — Tamil Nadu Urban Local Bodies Rules, 2023 — r.192A(5) — r.202 — r.205 — r.206 — Constitution of India — Art.14 — Inter-se seniority — Ratio and rotation for promotion — Tamil Nadu Urban Local Bodies Rules, 2023 — r.206 — r.192A(5) — State as a single unit — Held: The State is a single unit for appointment, promotion, reversion, transfer and discharge for all posts in the Tamil Nadu Municipal Service, and the Government may order the rotation in which such posts are filled from the feeder categories. (¶18, 21) Constitution of India — Art.14 — Validity of a rule — Hardship of a few — Held further: There is a presumption of constitutionality and the burden lies on the challenger. Hardship of a few cannot be the basis for determining the validity of a statute or rule, so a ratio fixed to remove inequality in promotion is not infirm. (¶30, 32) Service law — Promotion — Right of consideration — Held further: Promotion per se is not a vested right, but consideration for promotion is a fundamental right, and all promotions must be granted strictly in accordance with the Rules and the policy applicable to the posts. Validity of the Government Order upheld; directions issued. (¶37, 39)

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In the Court's own words
Paragraph 30The Constitution Bench judgment of the Hon’ble Supreme Court in the case of Saurabh Choudri cited supra rules as follows:
Paragraph 32In view of the legal principles settled by the Apex Court, the ratio fixed by the Government in order to eliminate inequality in the matter of grant of promotion in G.O.(4D) No.01, dated 07.01.2025 cannot be said to be infirm or in violation of the provisions of the Tamil Nadu Urban Local Bodies Act and the Rules framed thereunder. In exercise of the powers conferred under the amended Rule 192A(5), the Government issued orders in G.O.(4D) No.01, fixing Ratio and Rotation for grant of promotion, and the objectives for fixation of such ratio has been discussed in the aforementioned paragraphs as stated in the Government Order, which is sound enough to arrive at a conclusion that there is no infirmity or illegality in fixing ratio for grant of promotion amongst the eligible officers from the feeder category and by fixing inter-se seniority.
Acts & Sections
s.198 Tamil Nadu Urban Local Bodies Act, 1998r.192A Tamil Nadu Urban Local Bodies Rules, 2023r.202 Tamil Nadu Urban Local Bodies Rules, 2023r.205 Tamil Nadu Urban Local Bodies Rules, 2023r.206 Tamil Nadu Urban Local Bodies Rules, 2023Art.14 Constitution of India

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Also decided in this judgment
Is the State a single unit for appointment, promotion, transfer and discharge for all posts in the Tamil Nadu Municipal Service?Is consideration for promotion a fundamental right of every employee eligible under the applicable service rules?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections