Madras High Court
The Principal vs A.B.Jeeva ... 1St on 27 July, 2021
W.A.(MD)No.104 of 2019
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.104 of 2019
and C.M.P.(MD) No.742 of 2019
The Principal,
Government Law College,
Madurai. ... Appellant/Respondent No.3
Vs
1.A.B.Jeeva ... 1st Respondent/Writ Petitioner
2.The Director of Legal Studies,
Purasawalkam High Road,
Opp. to Naidu Hall,
Kilpauk, Chennai – 600 010.
3.The Registrar,
The Tamil Nadu Dr. Ambedkar Law University,
Poompozhil,
No.5, Dr. D.G.S. Dinakaran Salai,
Chennai – 600 028. ... Respondents 2 & 3/Respondents 2 & 3
PRAYER: Appeal under Clause 15 of the Letters Patent, against the order
dated 08.10.2018, passed in W.P(MD)No.19244 of 2018.
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W.A.(MD)No.104 of 2019
For Appellant : Mr.A.K.Manickam
Standing Counsel for Government
For Respondent No.1 : Mr.M.Jegadeesh Pandian
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.M.Jegadeesh Pandian, learned counsel
for respondent No.1.
2.This Writ Appeal is directed against the order and direction issued
by the learned Single Judge dated 08.10.2018, in W.P.(MD) No.19244 of
2018. The said Writ Petition was filed by the first respondent herein,
praying for setting aside the order passed by the appellant dated 14.08.2018
and consequently, to direct the appellant to issue the Person Studied in
Tamil Medium (PSTM) Certificate. The Writ Petition was allowed.
Challenging the same, the present Writ Appeal has been filed.
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W.A.(MD)No.104 of 2019
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,
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
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W.A.(MD)No.104 of 2019
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
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
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W.A.(MD)No.104 of 2019
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
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
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W.A.(MD)No.104 of 2019
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.The case of the appellant as noticed by the learned Single Judge is
that Tamil Medium of instruction was introduced during the academic year
1978 – 1979 and there is a separate Tamil Medium section was created in
Government Law College, Madurai. In our considered view, there is a
fundamental error in the approach because the reservation is a special
reservation and unless and until the candidate fulfill all the qualifications
stipulated in the Government Order, such concession cannot be extended.
The Court cannot dilute or modify or add any words and substitute its
opinion in such matters. It is undisputed fact that there was no Tamil
Medium Section in Government Law College, Madurai during the time,
when the first respondent pursued five years B.A.B.L. Course and it was
introduced only in the year 2013-2014. Therefore, merely because
Government took a policy decision to admit students in Tamil Medium
during 1978 – 1979, cannot be by any stretch of imagination be a reason for
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W.A.(MD)No.104 of 2019
issuing certificate to the first respondent as he is a PSTM candidate. It may
be true that the first respondent expressed his willingness to join Tamil
Medium class, but the fact remains that there was no tamil medium class.
Therefore, merely because Professors and Lecturers in the Government Law
Colleges are bilingual and merely because candidates are given option to
answer the questions either in English or Tamil is not sufficient to be
entitled to PSTM Certificate. In the light of the above, the order passed by
the Writ Court has to be necessarily interfered with.
5.Accordingly, the Writ Appeal stands allowed and the order and
direction issued by the Writ Court dated 08.10.2018, in W.P(MD)No.19244
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
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W.A.(MD)No.104 of 2019
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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,
Purasawalkam High Road,
Opp. to Naidu Hall,
Kilpauk, Chennai – 600 010.
W.A.(MD) No.104 of 2019
27.07.2021
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