Madras High Court
M.Lavanya vs The Chairman on 27 November, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.(MD).No.26241 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.11.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
W.P.(MD).No.26241 of 2023
and
W.M.P.(MD).Nos.22707 and 23467 of 2023
M.Lavanya .. Petitioner
Vs.
1.The Chairman,
The Tamil Nadu Public Service Commission,
Chennai – 600 003.
2.The Secretary,
The Tamil Nadu Public Service Commission,
Chennai – 600 003.
3.The Registrar,
Tamil Nadu Dr.Ambedkar Law University,
MGR Salai,
Ambedkar Nagar,
Perungudi,
Chennai. .. Respondents
(R-3 is suo motu impleaded vide Court order dated 01.11.2023 in W.P.
(MD).No.26241 of 2023)
Page 1 of 8
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W.P.(MD).No.26241 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
to issue a writ of Mandamus, directing the Respondents to permit the
petitioner to participate in the Mains and other examinations for the
recruitment to the post of Civil Judge called for by the 2nd respondent by the
Notification No.12/2023 dated 01.06.2023 and consequently direct the 2nd
respondent to issue Hall Ticket for the forthcoming exam scheduled to be
held on 04.11.2023.
For Petitioner : M/s.J.Anandhavalli
For R-1 & R-2 : Mr.J.Anandhakumar
For R-3 : Mr.K.P.Krishnadoss
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.)
The Writ Petition on hand has been instituted to direct the
respondents to permit the petitioner to participate in the Mains and other
examinations for the recruitment to the post of Civil Judge called for by the
second respondent by Notification No.12/2023 dated 01.06.2023 and
consequently direct the second respondent to issue hall ticket for the
forthcoming exam scheduled to be held on 04.11.2023.
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2. At the time of admission, we have granted an interim order by
permitting the writ petitioner to write the examination subject to the final
orders to be passed in the Writ Petition.
3. When the matter is taken up for hearing today, the learned counsel
appearing on behalf of the Tamil Nadu Public Service Commission/second
respondent made a submission that the issue raised in this Writ Petition is
covered by a judgment of the Full Bench of this Court in the case of
R.Boominathan Vs. Government of Tamil Nadu and others reported in
(2019) 5 CTC 873.
4. Admittedly, the writ petitioner studied law course in the year
2015-2020 in Government Law College at Tiruchirappalli. As far as the
Government Law College, Tiruchirappalli is concerned, the Tamil medium
was introduced only during the academic year commencing from 2017
onwards by virtue of G.O.Ms.No.33, Law (LS) Department dated
31.01.2017. Since the petitioner was admitted into the five years law course
in the year 2015, she cannot claim the benefit of PSTM category. The
relevant portion of the Full Bench judgment is extracted hereunder:
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“15. Insofar as Government Law Colleges at
Tiruchirapalli, Coimbatore, Tirunelveli and Chengalpattu, the
learned Additional Advocate General would submit that till the
academic year 2016-2017, there was no separate section for
Tamil Medium. Thereafter, by virtue of GO. Ms. No. 33, Law
(LS) Department dated 31.01.2017 sanction was accorded by
the Government for introduction of Tamil as Medium of
instructions from the academic year 2017-2018.
16. In the Colleges functioning at Vellore, Villupuram,
Dharmapuri and Ramanathapuram, admittedly, there is no
separate section in existence.
...
28. 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 GO. (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
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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 GO. (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
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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.
29. 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,
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Tiruchirapalli, Tirunelveli and Chengalpattu are imparting the
courses in Tamil as medium of instruction, as could be evident
from GO. Ms. No. 33, Law (LS) Department dated 31.01.2017
as well as the counter affidavit filed by Director of Legal
Studies, Chennai.”
In view of the Full Bench judgment cited supra, the petitioner is not entitled
for the relief as such sought for in the Writ Petition.
5. Further, the learned counsel for the second respondent made a
submission that the case of the petitioner was considered under the general
category and she does not come within the zone of consideration. That
being so, the petitioner is not eligible for consideration.
6. Accordingly, the Writ Petition stands dismissed. There shall be no
order as to costs. Consequently, connected miscellaneous petitions are
closed.
(S.M.S.,J.) (V.L.N.,J.)
27.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Lm
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S.M.SUBRAMANIAM,J.
and
V.LAKSHMINARAYANAN,J.
Lm
27.11.2023
https://www.mhc.tn.gov.in/judis
