Madras High Court
V.Sathiya Sumathi vs Government Of Tamil Nadu on 17 October, 2024
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.A(MD).No.628 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 17.10.2024
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.A.(MD)No.628 of 2021
and
C.M.P(MD)No.4833 of 2021
V.Sathiya Sumathi .... Appellant/Writ Petitioner
Vs.
1. Government of Tamil Nadu,
Rep. by its Principal Secretary,
Tourism, Culture and Religious Endowments Department,
Fort St.George,
Chennai.
2. Tamil Nadu Public Service Commission,
Rep. by its Secretary,
Frazer Bridge Road,
V.O.C.Nagar, Park Town,
Chennai - 600 003.
1/12
https://www.mhc.tn.gov.in/judis
W.A(MD).No.628 of 2021
3. The Principal,
Government Law College,
Tiruchirappalli. ....Respondents/Respondents
PRAYER : Writ Appeal is filed under Clause 15 of the Letters Patent
against the order passed in W.P.(MD)No.2867 of 2019, dated
27.01.2021.
For Appellant : Mr.P.Kalaiyarasi Bharathi
For Respondents: Mr.N.Ramesh Arumugam – for R1 & R3
Government Advocate
Mr.J.Anandakumar – for R2
JUDGMENT
The Writ Appeal has been filed by the writ petitioner in
W.P.(MD)No.2867 of 2019 aggrieved by the order of the learned Single
Judge, dated 27.01.2021, by which order, the learned Single Judge had
dismissed the writ petition.
2. W.P.(MD)No.2867 of 2019 had been filed in the nature of
a Certiorarified Mandamus seeking records relating to No.7969/OTD-
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F1/2015, dated 20.12.2018 issued by the second respondent in the Writ
Petition, Tamil Nadu Public Service Commissioner and quash the same
and to direct the third respondent, the Principal, Government Law
College, Trichirappalli, to issue PSTM (Persons Studied in Tamil
Medium) Certificate to the petitioner and to consequently, direct the
second respondent, namely, Tamil Nadu Public Service Commission, to
appoint the petitioner as Assistant Commissioner in Tamil Nadu Hindu
Religious and Charitable Endowments Administration Department in
Group -IB Services for the year 2013-2014.
3. The Appellant/Petitioner had participated in the
recruitment process for the post of Assistant Commissioner in Tamil
Nadu Hindu Religious and Charitable Endowments Administration
Department in Group -IB Services for the year 2013-2014. While
applying for such recruitment and for the post, the appellant has
specifically categorised herself as coming under PSTM - Persons who
Studied in Tamil Medium.
4. Even before going further, it must be stated that the issue
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of who could be categorised as coming under PSTM had been referred to
a Full Bench and in a judgment in R.Boominathan Vs. Government of
Tamil Nadu, reported in 2019 5 CTC P.873 in which one of us
(C.V.Karthikeyan, J.) was a member, the Full Bench had answered the
following reference:
"(i) Whether studied the Course in Tamil and
having written University examinations in Tamil
language will qualify the candidate for claiming
reservation against Persons Studied in Tamil
Medium (PSTM)?
(ii) In the absence of Tamil Medium of
Instructions in the Colleges, whether the candidates
studied the Courses in Tamil, or having written
examinations in Tamil can be placed on par with
PSTM Candidates for the purpose of claiming
reservation earmarked for PSTM?
(iii) Whether the Tamil Medium of Instruction
is in vogue and is available in law colleges run by
the State Universities and if available, from what
period the courses have been commenced in Tamil
Medium and whether the same has been continuing
uninterruptedly upto which period? If Tamil Medium
of Instruction is available, factually which are the
Law Colleges run by the State Universities
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conducting the Law Course in Tamil as Medium of
Instruction?"
5. The Full Bench had answered the same 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
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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.
6. It is clear from the law as laid down by the Full Bench
that it was not those who had studied the course in Tamil or had written
the University or Competitive examination in Tamil, who can be
categorised to claim reservation under PSTM category.
7. It is stated that even if a person had opted for Tamil as
medium of instructions, in the absence of certificate issued by the
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Registrar / Principal or Head of Institution in the prescribed format that
the education has been pursued in Tamil as medium of instructions
throughout, he or she cannot be placed on par with PSTM candidates.
The judgment of the Full Bench was rendered with specific reference to
in courses in Law College. The petitioner had also studied Law in Trichy
Government Law College. The petitioner had sought for a certificate to
be issued categorising as her having undergone the course through Tamil
Medium. The Principal, Government Law College, Trichy, had refused
and rejected such representation. Naturally, when the petitioner made an
application seeking for the post of Assistant Commissioner in the Tamil
Nadu Hindu Religious and Charitable Endowments Department and
categorising himself as coming under PSTM category, she had made a
wrong declaration. She could not, by any stretch of imagination,
categorise herself as coming under PSTM category and seek for
reservation under that category.
8. The learned Single Judge had dismissed the Writ Petition
stating that since the appellant herein had not produced the PSTM
certificate, her application could not be considered. But however, a small
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window was kept open by giving liberty to the appellant/petitioner to
approach the Principal of Government Law College, Trichy, seeking such
certificate.
9. We are informed that though such representation was
made, the Principal, Government Law College, Trichy, had rejected such
representation.
10. The learned counsel for the appellant placed an alternate
argument stating that irrespective of the reservation under PSTM, the
appellant had qualified under General Turn and stated that one post
under General Turn category was kept vacant by the respondents.
11. But, we are of the clear opinion that the respondents can
only appoint individuals in accordance with the applications filed. If in
the application, the appellant herein had categorised herself as coming
under PSTM category, then she will have to abide with such declaration
made by her in the said application. If she wants to change courses and
claim right of employment and to be recruited through the General Turn,
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then it would automatically mean that she is denying that opportunity to a
candidate who had actually being selected under the General Turn,
having opted to be selected under the General Turn. This cannot be
encouraged. The position is very clear on that aspect that, once a
declaration has been made in the application declaring that every
statement made in the application is correct and true to the knowledge of
the applicant, the applicant cannot thereafter, deviate from any of the
entries given in the application. The appellant had categorised herself as
coming under the PSTM category. She will have to abide and opt only
for that category. It has been found that she does not qualify under the
PSTM category. Therefore, she cannot be considered for reservation
under the PSTM category. She cannot also be considered for being
selected under the General Turn category, since she had not opted for the
same in the application. The candidate who had opted under the General
Turn category, cannot be ousted only to accommodate the appellant
herein.
12. The learned Single Judge had, given a small window of
opportunity asking the appellant to get a certificate from the Trichy Law
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College, even after disposal of the Writ Petition. But efforts in that
regard had proved vain and the Principal of Government Law College,
Trichy, had not granted such certificate. We cannot therefore, stepp into
the shoes of the respondents and direct the respondents to accommodate
the appellant at the expense of a candidate who had actually been
selected under the General Turn category.
13. For the reasons aforesaid, we are not inclined to allow
the Writ Appeal.
14. Accordingly, the Writ Appeal stands dismissed and
therefore, the order of the learned Single Judge is confirmed. No costs.
Consequently, connected miscellaneous petition is closed.
(C.V.K., J.) (R.P., J.)
17.10.2024
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
RM
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To
1. Government of Tamil Nadu,
Rep. by its Principal Secretary,
Tourism, Culture and Religious Endowments Department,
Fort St.George,
Chennai.
2. Tamil Nadu Public Service Commission,
Rep. by its Secretary,
Frazer Bridge Road,
V.O.C.Nagar, Park Town,
Chennai - 600 003.
3. The Principal,
Government Law College,
Tiruchirappalli.
https://www.mhc.tn.gov.in/judis
C.V.KARTHIKEYAN, J.
AND
R.POORNIMA, J.
RM
17.10.2024
https://www.mhc.tn.gov.in/judis
