2026:MHC:3057 · W.P. (MD) No.35806 of 2025
Coram: Justice C.V.Karthikeyan · Justice R.Sakthivel
No. Part IX of the Constitution describes a Panchayat as an institution of self-government and at the same time empowers the State to make laws on its constitution, composition, reservation, powers and responsibilities so as to enable and facilitate that self-government. Rules framed under the State Act which stipulate only the recruiting authority, the mode of recruitment, the applicable reservation policy and the conditions of service are within that power; regulating and standardising public employment supports the Panchayat rather than undermining it.
Constitution of India — Part IX — Tamil Nadu Panchayats Act — s.102 — s.106 — Tamil Nadu Village Panchayat Secretaries (Conditions of Service) Rules, 2023 — r.3 — Recruitment — Self-government —
Constitution of India — Part IX — Tamil Nadu Panchayats Act — s.102 — Rules on service conditions are within the power —
Held: Part IX empowers the State to legislate on the constitution, powers and service conditions of Panchayats so as to enable self-government; Rules prescribing only the recruiting authority, the mode of recruitment, reservation and conditions of service are within that power. (¶13, ¶17)
Tamil Nadu Village Panchayat Secretaries (Conditions of Service) Rules, 2023 — r.3 — Selection by a District Level Committee — Self-government not infringed —
Held further: Vesting selection in a District Level Committee while the Panchayat President remains the appointing authority regulates and standardises public employment; it neither infringes Part IX nor violates the basic structure. (¶14, ¶18)
Tamil Nadu Panchayats Act — s.106 — Appointment without the power of dismissal — Checks and balances —
Held further: The general rule that the power to appoint carries the power to suspend or dismiss yields to a statutory proviso; the appointing authority keeps administrative control and may move the authorised officer, which guards against arbitrariness. (¶15)
Recruitment — Wide public notice — Two newspapers, one in the vernacular —
Held further: A post must be advertised in at least two newspapers, one in the vernacular, besides calling for names from the employment exchange; an appointment made without such notice is void ab initio. Petition dismissed. (¶20, ¶21, ¶25)
In the Court's own words
Paragraph 13A 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, 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.
Paragraph 17As 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 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 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].
Paragraph 18By framing the 2023 Rules and providing an open and competitive method of recruitment for the posts of Panchayat Secretary, the 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.