Madras High Court
M.Ranganathan vs The Government Of Tamil Nadu on 25 September, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
W.P.No.27617 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.27617 of 2024
M.Ranganathan ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep. by its Chief Secretary,
Fort St. George,
Chennai – 600 009.
2.The Tamil Nadu Public Service Commission,
Rep. by its Secretary,
Park Town, VOC Nagar,
Chennai – 600 003. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance
of a Writ of Mandamus, directing the 2nd respondent to consider the applications
submitted by the petitioner for Group-I exam on 28.3.2024, Group-II exam on
3.7.2024 and also for combined Technical Services Examination (Technical post) on
29.5.2024 as the PSTM category application and also direct the 1st respondent to
accommodate the petitioner herein within the purview of 20 percentage reservation
1/18
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W.P.No.27617 of 2024
earmarked for the PSTM students as envisaged by the Tamil Nadu Appointment on
preferential basis in the Services under the State of Persons Studied in Tamil Medium
Act, 2010 (in short PSTM Act).
For Petitioner : Mr.M.Mahamani
For Respondents : Mr.P.Balathandayutham
Special Government Pleader for R1
Mrs.G.Hema
Standing Counsel for R2
ORDER
This writ petition has been filed for the issue of writ of mandamus directing the
2nd respondent to consider the petitioner under the PSTM category in the Group-I,
Group-II and Combined Technical Services examination conducted by TNPSC.
2.The case of the petitioner is that he completed his SSLC & HSC in Tamil
Medium. Thereafter, he enrolled himself in B.Sc., Computer Science in English
medium. Subsequently, he underwent Under Graduate course in LL.B., in the year
2019 in Tamil Medium and completed the course in the year 2022 at Government
Law College, Coimbatore.
3.The petitioner applied for Group I on 28.03.2024, Group II on 03.07.2024
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and for Combined Technical Services examination on 29.05.2024 based on the
notification issued by TNPSC in the year 2024. The petitioner while submitting the
application uploaded the supporting documents and the petitioner wanted to avail of
the reservation under the PSTM category. When he uploaded the documents in the
website, it showed error on the ground that the petitioner has not completed all the
qualifications up to the prescribed educational qualification, in Tamil medium. This is
in view of the fact that the petitioner had studied Tamil medium in SSLC, HSC and
LL.B., and whereas, the petitioner had done B.Sc., Computer Science in English
medium. In view of the same, the petitioner was not able to submit his application
under the PSTM category. It is under these circumstances, the present writ petition
came to be filed before this Court.
4.When the matter came up for hearing on 23.09.2024, this Court directed the
learned Standing Counsel appearing on behalf of TNPSC to take instructions and
accordingly, the matter was listed for hearing today.
5.When the case was taken up for hearing today, the learned Special
Government Pleader appearing for the 1st respondent and the learned Standing
Counsel appearing on behalf of TNPSC submitted that the petitioner will not be
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entitled to be considered under the PSTM category, since the petitioner has not
undergone studies throughout in Tamil medium. The petitioner had in fact undergone
B.Sc., Computer Science course in English medium and the petitioner thereafter had
undergone LL.B., for three years. Therefore, the petitioner in order to undergo LL.B.,
for three years ought to have completed an under graduation and that under
graduation must also be undergone in Tamil medium. If the same has been undergone
in English medium, the petitioner is not entitled to be considered under the PSTM
category. The learned counsel therefore submitted that the petitioner will not be
eligible to be considered under the PSTM category and if he has already written
examination, he will be considered only as a regular candidate.
6.The learned counsel for the petitioner submitted that the qualification that has
been prescribed in this case is that the candidate should have studied in Tamil
medium in SSLC, HSC and in the Under Graduation degree prescribed as the
educational qualification for being considered for appointment. The petitioner has
undergone all the three educational qualification in Tamil medium and the petitioner is
also having the PSTM Certificates issued in this regard. Since the petitioner during
the interregnum had studied B.Sc., Computer Science in English medium, the
petitioner was not able to upload the certificates and therefore, the petitioner was
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forced to apply under the general category. The learned counsel submitted that the
educational qualification that has been prescribed under the notification and the
pattern in which such educational qualification has to be acquired, has been
completed by the petitioner in Tamil medium and therefore, the petitioner is entitled to
be considered under the PSTM category in accordance with the Tamil Nadu
Appointment on preferential basis in the Services under the Sate of Persons Studied in
Tamil Medium Act, 2010.
7.The short issue that arises for consideration in the present case is as to
whether the petitioner is entitled to be considered for appointment under the PSTM
category.
8.The admitted case of the petitioner is that he has undergone SSLC, HSC and
LL.B., (UG) in Tamil medium. The same is clear from the PSTM Certificates that
have been issued in the name of the petitioner by the concerned authority and which
has been filed in the typed set of papers. The petitioner had also studied B.Sc.,
Computer Science and completed the course in English Medium. When the petitioner
was attempting to upload the documents by claiming for reservation under the PSTM
category, the website showed an error and for proper appreciation, the scanned copy
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of the same is extracted hereunder:
9.The main ground that was urged by the learned Special Government Pleader
appearing on behalf of the 1st respondent and the learned Standing Counsel appearing
on behalf of the 2nd respondent is that the petitioner under normal circumstances,
would have undergone LL.B., course for five years and whereas, the petitioner was
able to undergo the course for three years, since the petitioner had already completed
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another Under Graduation course. Therefore, if the petitioner is seeking for
reservation under the PSTM category, the basic under graduation course that was
undergone by the petitioner should also be completed in Tamil medium. In the
absence of the same, the petitioner cannot be considered for reservation under the
PSTM category. In order to appreciate the stand taken by the respondents, this Court
has to carefully consider the relevant provisions under the 2010 Act. The said Act
underwent an amendment through Act 35 of 2020 and Section 2(d) defined persons
studied in Tamil medium and for proper appreciation, the amended definition and the
explanation are extracted hereunder:
2.....
(d) "person studied in Tamil medium" means a person who has
studied through Tamil medium of instruction upto the educational
qualification prescribed for direct recruitment in the rules or
regulations or orders applicable to any appointment in the services
under the State.
Explanation.- For the purpose of this clause, -
i. in cases, where SSLC is prescribed as the educational
qualification, one shall have studied upto SSLC through Tamil
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medium of instruction;.
ii. in cases, where a Higher Secondary Course is prescribed as
the educational qualification, one shall have studied SSLC
and the Higher Secondary Course through Tamil medium of
instruction;
iii. in cases, where a diploma is prescribed as the educational
qualification, one shall have studied SSLC and the diploma
through Tamil medium of instruction or if the diploma is
obtained after completion of Higher Secondary Course then
one shall have studied SSLC, Higher Secondary Course and
the diploma through Tamil medium of instruction;
iv. in cases, where a degree is prescribed as the educational
qualification, one shall have studied SSLC, Higher Secondary
Course and the degree through Tamil medium of instruction;
v. in cases, where a post-graduate degree is prescribed as the
educational qualification, one shall have studied SSLC,
Higher Secondary Course, degree and the post-graduate
degree through Tamil medium of instruction."
10.A careful reading of the above definition and the explanation given thereto
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shows that for a person to be considered under the PSTM category, he should have
studied through Tamil medium of instruction up to the educational qualification
prescribed for direct recruitment in the Rules or Regulations. The explanation clarifies
the meaning of the word “Studied through Tamil medium of instruction up to the
educational qualification”. For the case in hand, explanation (iv) is relevant. It says
that in cases where a degree is prescribed as the educational qualification as in the
present case where the Under Graduation degree in Law has been prescribed as the
qualification, one should have studied SSLC, HSC and the degree through Tamil
medium of instruction. The materials that have been placed before this Court shows
that the petitioner has in fact studied SSLC, HSC and LL.B., in Tamil. These
qualifications also fall under the pattern 10 + 2 + 3.
11.The objections raised by the respondents is that the petitioner did not study
in Tamil medium when he underwent B.Sc., Computer Science course and that
without completing that course, the petitioner would not have been able to complete
LL.B., in three years.
12.The above issue that has been raised on the side of the respondents was
considered by this Court in W.P.Nos.16169 and 19493 of 2024, by an order dated
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29.08.2024. That was a case where the petitioners therein had applied for the post of
Assistant Engineer (Civil Engineering). The qualification that was prescribed was
degree in Civil Engineering. The petitioners therein underwent SSLC and HSC in
Tamil medium. Thereafter, they underwent a Diploma in Civil Engineering for two
years in English medium. Thereafter, they got a lateral entry into B.E., (Civil
Engineering). The application submitted by them under the PSTM category was not
considered on the ground that they did not undergo the Diploma in Tamil medium.
While dealing with this issue, this Court interpreted the amended definition and also
the explanation and the relevant portions in the order are extracted hereunder:
28. This Court has to next venture into the scope of the term
"persons studied in Tamil medium". The Division Bench itself had
dealt with the scope of Section 2(d) of the Act 35 of 2020 at
paragraph No.35 of the judgment. While dealing with it, the Division
Bench has held that a person must complete his education in Tamil
medium upto the prescribed qualification.
29. In the case in hand, the qualification that has been
prescribed under the notification is that the candidate must have
completed B.E. degree in civil engineering. The petitioners are
lateral entrants into the B.E. degree after completing their diploma
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course. What is prescribed as a qualification in the notification is
only a degree and not diploma. Therefore, it must be seen as to
whether the petitioners, who do not possess a PSTM certificate for
the diploma course to prove that they underwent the course in Tamil
medium, can be accommodated within the scope of explanation (iv)
to Section 2(d) of the Act 35 of 2020.
30. The explanation to Section 2(d) of the Act 35 of 2020
considers each scenario separately. If the educational qualification
prescribed is SSLC, one should have studied upto SSLC through
Tamil medium. Similarly, where the educational qualification is HSC,
one should have studied up to SSLC and HSC in Tamil medium. If
the educational qualification is a diploma, one should have studied
in Tamil medium up to SSLC and the Diploma must also be through
Tamil medium of instruction. If the Diploma is obtained after the
completion of HSC, one should have studied right through SSLC in
Tamil medium and HSC in Tamil medium and Diploma also in Tamil
medium. Further, explanation (iv) states that in cases where the
degree is prescribed as the qualification, one should have studied
SSLC, HSC and Degree through Tamil medium of instruction.
Finally, explanation (v) states that in cases where a Post Graduate
Degree is prescribed as qualification, one should have studied
SSLC, HSC, Degree and Post Graduation through Tamil medium of
instruction.
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31. It is pellucid from the explanation that the object behind
the Act is sought to be achieved by insisting the candidate to study in
Tamil medium throughout upto the educational qualification that is
prescribed in a recruitment notification. The practice that was
deprecated by the Division Bench are cases where a person
superficially undergoes Tamil medium with reference to essential
qualification alone and whereas all his education till then was not in
Tamil medium. Such practice was held to be against the object of the
Act and those persons were held not to be entitled to be considered
within PSTM category.
32. The language that has been used under the explanation to
Section 2(d) of the Act 35 of 2020 is plain and clear. In explanation
(iv), it is specifically stated that in cases where a degree is
prescribed as an educational qualification, one should have studied
up to SSLC, HSC and the Degree through Tamil medium of
instruction. The petitioners made a lateral entry to B.E. degree after
completing diploma. In such a scenario, if the Legislature insisted
that such diploma must also carry a PSTM certificate, it would have
been specifically mentioned in explanation (iv).
33. While interpreting a beneficial legislation, the Court must
merely go by the language that has been used by the Legislature and
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the Court must be aware that the Legislature had the knowledge of
the prevailing scenario. The Court is expected to give a purposive
interpretation and the Court should not add or modify something
into the plain language used by the Legislature. By doing so, this
Court will only be causing violence both to the intent and language
of the Legislature.
34. The recruiting agency while providing for the quota under
the PSTM category is also bound by the provisions of the Act. They
cannot try to interpret the same differently except to understand it in
the manner it has been specifically provided under the Act.
13.In the above judgment, this Court after taking into consideration the object
behind the enactment and the beneficial nature of the enactment came to a conclusion
that the petitioners therein are entitled to be considered under the PSTM category on
the ground that they had completed SSLC, HSC and B.E., degree in Tamil medium
and those essential qualifications prescribed under the notification were all completed
in Tamil medium. In view of the same, this Court held that the petitioners therein even
though had made a lateral entry into B.E., degree after completing the Diploma which
was not completed in Tamil medium, they have satisfied the requirement of the
definition and also explanation (iv) under the Act and therefore, they are entitled to
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be considered under the PSTM category.
14.This Court also took into consideration explanation (v) at Paragraph No.38
of the order which is extracted hereunder:
38. There is yet another angle in which this issue can be dealt
with. Explanation (v) talks about a case where a post graduation
degree is prescribed as educational qualification. In such a case, the
candidate should have studied SSLC, HSC, Degree and Post
Graduation through Tamil medium. Therefore, if a candidate had
studied SSLC, HSC and Post Graduation Degree in Tamil medium
and whereas he has not studied Under Graduation in Tamil medium,
the candidate will not be entitled to be considered under the PSTM
category because of the insistence made in explanation (v). This
juxtaposed with explanation (iv) shows that the said explanation
does not contemplate a scenario of obtaining a PSTM certificate for
a diploma where a degree is prescribed as an educational
qualification. In such cases, it is enough if one has studied SSLC,
HSC and the Degree through Tamil medium of instruction. This
requirement has been satisfied by all the petitioners.
15.In the case in hand, the qualification that has been prescribed under the
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notification is that the persons should have completed the under graduation in the 10
+ 2 + 3 pattern and all these educational qualifications must have been completed
only in Tamil medium. The petitioner has satisfied this requirement. The petitioner
cannot be deprived of the reservation under the PSTM category just because the
petitioner had undergone B.Sc., Computer Science in English medium. That degree
obtained by the petitioner is not in any way material to consider the petitioner in the
present notification. The submission on the side of the respondents that the petitioner
could not have completed LL.B., in three years, if he had not completed the Under
Graduation in Computer Science and therefore, the petitioner should have completed
the B.Sc., Computer Science also in Tamil medium, is too far fetched. That is not the
requirement under the 2010 Act.
16.In the light of the above discussion, this Court holds that the petitioner is
entitled to be considered under the PSTM category. The learned counsel for the
petitioner submitted that the petitioner was not able to upload the documents and
apply under the PSTM category, since the website was not accepting. The same is
evident from the error shown in the website and which has been scanned and
extracted supra. In view of the same, the petitioner was not able to apply under the
PSTM category. The online mode did not permit the petitioner to apply under the
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PSTM category and therefore, the petitioner cannot be blamed for not being able to
apply under the PSTM category when he submitted the application. In view of the
same, the petitioner must be considered under the PSTM category and the relevant
Certificates must be received from the petitioner, if the petitioner qualifies to the
stage of Certificate Verification after he successfully completes the written
examination. The claim made by the petitioner for appointment shall be considered
under the PSTM category, if he satisfies all the other requirements.
17.Accordingly, this writ petition stands allowed. No Costs.
25.09.2024
Internet : Yes
Index : Yes
Speaking Order
Neutral Citation : Yes/No
ssr
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To
1.The Chief Secretary,
Government of Tamil Nadu,
Fort St. George,
Chennai – 600 009.
2.The Secretary,
Tamil Nadu Public Service Commission,
Park Town, VOC Nagar,
Chennai – 600 003.
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N. ANAND VENKATESH, J.
ssr
25.09.2024
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