Madras High Court
The Principal vs D.Dhivya ... 1St on 27 July, 2021
W.A.(MD)No.1465 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD) No.1465 of 2021
and C.M.P.(MD) No.5996 of 2021
The Principal,
Government Law College,
Madurai. ... Appellant/4th Respondent
Vs
1.D.Dhivya ... 1st Respondent/Writ Petitioner
2.Tamil Nadu Public Service Commission,
Rep. by its Chairman,
Frazer Bridge Road, Park Town,
V.O.C. Nagar,
Chennai – 600 003.
3.The Member Secretary,
Tamil Nadu Public Service Commission,
Frazer Bridge Road, Park Town,
V.O.C. Nagar,
Chennai – 600 003.
4.Tamil Nadu Dr. Ambedkar Law University,
Rep. by its Registrar,
Poompozhil,
Chennai – 28. ... Respondents 2 to 4/Respondents 2 to 4
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W.A.(MD)No.1465 of 2021
PRAYER: Appeal under Clause 15 of the Letters Patent, against the order
dated 06.06.2018, passed in W.P(MD)No.10697 of 2018.
For Appellant : Mr.A.K.Manickam
Standing Counsel for Government
For Respondent No.1 : Mr.V.Panneer Selvam
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
Heard Mr.A.K.Manickam, learned Standing Counsel for Government,
appearing for the appellant and Mr.V.Panneer Selvam, learned counsel for
respondent No.1.
2.This Writ Appeal is directed against the order and direction issued
by the learned Single Judge dated 06.06.2018, in W.P.(MD) No.10697 of
2018. The said Writ Petition was filed by the first respondent herein,
seeking for a direction upon the appellant to issue a certificate stating that
the first respondent is a Person Studied in Tamil Medium (PSTM) and to
direct the Tamil Nadu Public Service Commission to consider her
canditature under PSTM category for direct recruitment to the post of Civil
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W.A.(MD)No.1465 of 2021
Judge, pursuant to the notification No.08/2018 dated 09.04.2018. The Writ
Petition was allowed. Challenging the same, the present Writ Appeal has
been filed.
3.The legal issue as to what are the parameters, which have to be
fulfilled by the person who claims reservation under the PSTM Category
was the subject matter of consideration before the Hon'ble Full Bench of
this Court in the case of R.Boominathan v. Government of Tamil Nadu
[(2019) 7 MLJ 385 (FB)]. The operative portion of the judgment reads as
follows:
“30. For the purpose of recognising a candidate, within
the realm of selection to employment in government services,
under PSTM category, a candidate should have studied in
Tamil as medium of instruction. Therefore, in order to avail
the benefit of reservation earmarked under PSTM category, a
candidate has to furnish a certificate to the effect that he or she
studied in Tamil as medium of instruction. Such certificate
will be issued by the Head of the Institution/Registrar or
Principal of the College, as has been contemplated under G.O.
(Ms) No.145, Personnel and Administrative Reforms
Department dated 30.09.2010, in the prescribed format,
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W.A.(MD)No.1465 of 2021
certifying that he or she studied the course in Tamil by
indicating the duration (academic year) during which the
candidate pursued the course. It is this certificate which will
form the basis for recognising a candidate for having studied in
Tamil medium of instruction so as to enable him or her to get
the benefit of reservation under PSTM category. It is needless
to mention that merely because a candidate writes the academic
examination or competitive examination in Tamil, it will not
recognise such candidate to get the reservation under PSTM
category. The requirement is that a Certificate issued by the
Head of the Institution/Registrar or Principal of the college, in
the prescribed format, certifying that he was imparted with the
course in Tamil as medium of instruction, has to be furnished,
so as to enable a person to get the benefits of reservation under
PSTM category. In the absence of such a certificate, a
candidate cannot be regarded or recognised as a preferential
candidate, who can avail the benefit of reservation under
PSTM category. In other words, if such a certificate is not
produced, he or she cannot be recognised as a candidate, who
can be extended the benefit of reservation under PSTM
category. Therefore, we hold that compliance of the
requirements contemplated under G.O. (Ms) No.145 dated
30.09.2010 to furnish a certificate issued by the Head of the
institution/Principal or Registrar of the College, in the
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W.A.(MD)No.1465 of 2021
prescribed format, is a mandatory requirement to get the benefit
of concession and/or reservation earmarked by the State under
PSTM category. We therefore answer the reference made to us
as follows:-
(i) A person who studied the Course in Tamil or had
written the University or Competitive examination in Tamil
will not ipso facto recognise or qualify him or her to claim
reservation under Persons Studied in Tamil Medium (PSTM)
category
(ii) Even though a person opted for Tamil as Medium
of Instructions in the Colleges or studied the Courses in Tamil
or written examinations in Tamil, in the absence of a certificate
issued by the Registrar/Principal or Head of the Institution in
the prescribed format stating that he or she pursued the
education in Tamil as Medium of Instruction throughout, he or
she cannot be placed on par with PSTM Candidates for the
purpose of claiming reservation under the preference quota
(iii) Tamil, as Medium of Instruction, is not in vogue
in certain colleges, or rather to say, Law Degrees are not
imparted in Tamil as a Medium of Instructions. Only in few
colleges, Law Degrees are imparted in Tamil as Medium of
Instructions and in some other colleges, it is being imparted
intermittently. Only if a student pursued the entire Course in
Tamil and obtained a Certificate to that effect from the head of
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W.A.(MD)No.1465 of 2021
the institution/Registrar or Principal of the College, will he or
she be declared as the one who is eligible to claim preference in
public employment under PSTM category. As on date, Law
Colleges at Chennai, Madurai, Coimbatore, Tiruchirapalli,
Tirunelveli and Chengalpattu are imparting the courses in
Tamil as medium of instruction, as could be evident from G.O.
Ms. No.33, Law (LS) Department dated 31.01.2017 as well as
the counter affidavit filed by Director of Legal Studies,
Chennai.”
4.In the light of the above authoritative pronouncement, the relief
sought for by the petitioner cannot be granted, moreso, when she herself
admitted in the affidavit filed in support of the Writ Petition that the mode
of study of the Law Degree was in English. In the light of the settled legal
position, the order passed by the Writ Court has to be necessarily interfered
with. Sofaras the secondary prayer in the Writ Petition to select the first
respondent in the 2018 recruitment is concerned, it is not feasible of
consideration at this juncture, even as a candidate under the normal
category.
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W.A.(MD)No.1465 of 2021
5.Accordingly, the Writ Appeal stands allowed and the order and
direction issued by the Writ Court dated 06.06.2018, in W.P(MD)No.10697
of 2018 is set aside and consequently, the Writ Petition stands dismissed.
Consequently, connected Miscellaneous Petition is closed. No costs.
(T.S.S.,J.) (S.A.I.,J.)
27.07.2021
Index : Yes/No
Internet : Yes/No
sj
Note : In view of the present lock down
owing to COVID-19 pandemic, a web
copy of the order may be utilized for
official purposes, but, ensuring that
the copy of the order that is presented
is the correct copy, shall be the
responsibility of the advocate/litigant
concerned.
To
The Principal,
Government Law College,
Madurai.
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W.A.(MD)No.1465 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
sj
W.A.(MD) No.1465 of 2021
27.07.2021
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