Madras High Court
T.Anbalagan vs The Government Of Tamil Nadu on 28 June, 2023
W.P.No.38234 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.38234 of 2015
T.Anbalagan .. Petitioner
Vs
1.The Government of Tamil Nadu,
rep. by its Principal Secretary,
School Education Department,
Fort St. George, Chennai-600 009.
2.The Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Compound, College Road,
Chennai-600 006.
3.The Director of School Education,
DPI Compound, College Road,
Chennai-600 006. .. Respondents
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W.P.No.38234 of 2015
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing the respondents
to confer the post of P.G. Assistant in Commerce to the petitioner in
the existing vacancies.
For the Petitioner : Mr.R.S.Anandan
for Mr.D.Balachandran
For the Respondents : Mrs.R.Anitha
Spl. Government Pleader
for respondents 1 and 3
: Mr.R.Neelakandan
Addl. Advocate General
assisted by
Mr.K.Sathishkumar
for respondent No.2
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
We have heard Mr.R.S.Anandan, learned counsel for the
petitioner; Mrs.R.Anitha, learned Special Government Pleader for
respondents 1 and 3 and, Mr.R.Neelakandan, learned Additional
Advocate General, assisted by Mr.K.Sathishkumar, learned counsel
for the second respondent.
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W.P.No.38234 of 2015
2. The petitioner is seeking a direction on the respondents to
confer the post of P.G. Assistant in Commerce to the petitioner in
the existing vacancies.
3. The petitioner has participated in the selection process for
the post of P.G. Assistant in Commerce in the year 2012. The
petitioner claimed that he should be considered in the preferential
category having studied in Tamil medium. As per the Tamil Nadu
Appointment on preferential basis in the Services under the State of
Persons Studied in Tamil Medium Act, 2010, 20% of the vacancies
are required to be filled on preferential basis from the persons who
studied in Tamil medium. The petitioner has studied in Tamil
medium from first standard, however, he was denied appointment.
The respondents gave preference to the candidates who have
studied the PG course and B.Ed. alone in Tamil medium. The same
is not in consonance with the letter and spirit of the Act of 2010.
4. Learned counsel for the petitioner submits that Section 3 of
the Act of 2010 is clear and does not admit of any other
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W.P.No.38234 of 2015
interpretation. According to learned counsel for the petitioner, if
the interpretation as made by the respondents is accepted, then
that would defeat the very purpose of giving preference to the
persons who have studied throughout in Tamil medium. According
to learned counsel, subsequently in the year 2020, an amendment
was made and that amendment is declaratory/clarificatory in nature
and explains the true import of Section 3 of the Act of 2010. The
20% of 275 vacancies that were to be filled in comes to 55. The
petitioner ought to have been considered for appointment against
the said 55 vacancies in exclusion of the candidates who have
studied only B.Ed. and PG course in Tamil medium.
5. Learned Additional Advocate General appearing for the
second respondent relies upon a judgment of this Court in
W.A.(MD) No.186 of 2014, dated 23.04.2014 [A.Akila and others v.
P.Mariammal and others] to contend that those who have
completed B.Ed. and PG course in Tamil medium are also entitled to
be considered for preferential category of 20%. According to
learned Additional Advocate General, the 2020 amendment would
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W.P.No.38234 of 2015
not have a retrospective operation and the same is prospective.
6. The selection process is of the year 2012. The provisional
selection list was released on 03.02.2014. The name of the
petitioner did not find place in the list of the candidates either from
the preferential category or otherwise. The gamut of the contention
of learned counsel for the petitioner is that the persons who have
not studied in Tamil medium throughout are also considered in the
preferential category only on the basis that B.Ed. and PG course are
passed by those candidates in Tamil language.
7. Section 3 of the Act of 2010 was the subject-matter of
interpretation before the Division Bench of this Court in the case of
A.Akila and others (supra). The interpretation made by the
respondents was upheld by the Division Bench of this Court.
8. The law as it then stood by the dictum of the Division
Bench of this Court in the case of A.Akila and others (supra) holds
the field in respect of recruitments made till 07.12.2020 when the
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W.P.No.38234 of 2015
Act of 2010, substituting Section 2(d) of the Tamil Nadu
Appointment on preferential basis in the Services under the State of
Persons Studied in Tamil Medium (Amendment) Act, 2020, came
into force.
9. In the light of the judgment of the Division Bench of this
Court, as referred to supra, a view has already been taken.
Assuming the contention of the petitioner that 2020 amendment is
clarificatory, it shall relate back to the year 2010, however the
same cannot be applied to the selection process of the year 2012,
which has culminated and has become final and the persons
appointed are not parties to the petition.
10. It is also not disputed that the petitioner had participated
in the subsequent selection process of the year 2021, but was not
selected. He has challenged the same and writ petition is filed by
him and the same is pending. The petitioner may prosecute the
same.
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W.P.No.38234 of 2015
11. In the light of the above, no relief can be granted to the
petitioner. The writ petition is dismissed. There will be no order as
to costs.
(S.V.G., CJ.) (P.D.A., J.)
28.06.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
To
1.The Principal Secretary,
Government of Tamil Nadu,
School Education Department,
Fort St. George, Chennai-600 009.
2.The Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Compound, College Road,
Chennai-600 006.
3.The Director of School Education,
DPI Compound, College Road,
Chennai-600 006.
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W.P.No.38234 of 2015
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
bbr
W.P.No.38234 of 2015
28.06.2023
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