Madras High Court
The Principal vs N.Meenatchi ... 1St on 27 July, 2021
W.A.(MD)No.1467 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.1467 of 2021
and C.M.P.(MD) No.6006 of 2021
The Principal,
Government Law College,
Madurai. ... Appellant/Respondent No.2
Vs
1.N.Meenatchi ... 1st Respondent/Writ Petitioner
2.The Director of Legal Studies,
Rep. by its Director,
198, Purasawalkam High Road,
Pavapuri Colony, Lumbini Square,
Purasawakkam,
Chennai – 600 010. ... 2nd Respondent/Respondent No.1
PRAYER: Appeal under Clause 15 of the Letters Patent, against the order
dated 30.11.2018, passed in W.P(MD)No.21215 of 2018.
For Appellant : Mr.A.K.Manickam
Standing Counsel for Government
For Respondent No.1 : Mr.V.Panneer Selvam
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W.A.(MD)No.1467 of 2021
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 30.11.2018, in W.P.(MD) No.21215 of
2018, which was filed by the first respondent herein. The first respondent
has sought for issuance of a Writ of Mandamus, directing the appellant to
issue the certificate of Person Studied in Tamil Medium (PSTM) Certificate
to her, certifying that she has studied in Tamil Medium. The reason for such
certificate is to claim preference in selection under PSTM category. The
first respondent after completing her school education, joined the appellant
college for the five year B.L. Course for the academic year 1997-2002. The
first respondent's case is that all subjects were thought in Tamil and she has
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W.A.(MD)No.1467 of 2021
written his examination only in Tamil language and therefore, she is entitled
to be considered as a PSTM. The learned Writ Court allowed the Writ
Petition, directing the appellant to issue certificate to the first respondent
certifying that she is a PSTM. 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
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W.A.(MD)No.1467 of 2021
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,
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
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W.A.(MD)No.1467 of 2021
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
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
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W.A.(MD)No.1467 of 2021
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
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.Admittedly, the Tamil Medium Section was introduced in the
Government Law College, Madurai only during the academic year 2013 –
2014, which has been noted by the Hon'ble Full Bench in paragraph 15 of
the above judgment. Therefore, merely because Professors and Lecturers in
the Government Law Colleges thought subjects in Tamil and merely
because candidates were given option to answer the question papers either
in English or Tamil is not sufficient to be entitled to PSTM Certificate. That
apart, reservation for PSTM is special reservation and therefore, unless and
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W.A.(MD)No.1467 of 2021
until the candidate complies all the required qualification as stipulated by
the Government Order, that concession cannot be extended. The Court can
neither substitute nor dilute the conditions stipulated in the Government
Order granting such concession. In the light of the above, the order passed
by the learned Writ Court calls for interference.
5.Further, the first respondent is concerned, admittedly she scored
higher marks and she has been considered under regular communal
reservation and she has been provisionally selected and order to the said
effect has been passed by the Tamil Nadu Public Service Commission in
Memorandum No.6485/OTD-A2/2017, dated 27.11.2020. In the light of the
above, it will be well open to the first respondent to take the benefits of the
order dated 27.11.2020, passed by the TNPSC, provisionally selecting the
first respondent to the post.
6.Accordingly, the Writ Appeal stands allowed with the above
observations and the order and direction issued by the Writ Court dated
30.11.2018, in W.P(MD)No.21215 of 2018 is set aside and consequently,
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W.A.(MD)No.1467 of 2021
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
1.The Principal,
Government Law College,
Madurai.
2.The Director of Legal Studies,
Rep. by its Director,
198, Purasawalkam High Road,
Pavapuri Colony, Lumbini Square,
Purasawakkam,
Chennai – 600 010.
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W.A.(MD)No.1467 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
sj
W.A.(MD) No.1467 of 2021
27.07.2021
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