Madras High Court
The Secretary vs P.Palanimuthu on 26 March, 2025
Author: S.Srimathy
Bench: J.Nisha Banu, S.Srimathy
WA(MD). No.652 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 26/03/2025
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
AND
THE HONOURABLE Mrs. JUSTICE S.SRIMATHY
WA(MD). No.652 of 2025
and CMP(MD) No.4643 of 2025
1.The Secretary
School Education Department
Government of Tamilnadu
Fort St. George
Chennai 600 009.
2.The Director of Government Examinations,
College Road
Chennai 600 006. ... Appellants
Vs
1.P.Palanimuthu
2.The Chairman
Teachers Recruitment Board,
4th Floor, EVK Sampath Maligai
Chennai 06. ... Respondents
PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against
the order of this Court dated 02.07.2024 in WP(MD). No. 9152 of 2022.
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 03:28:30 pm )
WA(MD). No.652 of 2025
For Appellants : Mr.J.Ashok
Additional Government Pleader
For Respondents : Mr.F.Deepak for R1
Mr.VR.Shanmuganathan for R2
JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J.)
The respondents in the writ petition are the appellants herein.
2. The writ appeal is directed against the order of the writ Court
dated 02.07.2024 in WP(MD) No.9152/2022, wherein, the 2nd appellant
was directed to issue PSTM certificate to the first respondent and on such
production, the 2nd respondent Board was directed to consider the
candidature of the first respondent.
3. The learned Additional Government Pleader for the appellants
assailed the order impugned on the ground that the 2 nd appellant has no
authority in issuing the PSTM certificate, as their purview is only to
conduct examinations in bilingual. Hence, the direction issued by the
writ Court needs interference.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 03:28:30 pm )
4. It is the contention of the learned counsel for the first
respondent/writ petitioner that for the post of Drawing Teacher, the first
respondent had applied for Drawing Teacher under PSTM category,
since he had completed his studies through Tamil medium. However,
though he has come under the zone of consideration, his candidature was
not considered on the ground that he has not produced the PSTM
certificate. When the first respondent had applied for PSTM certificate
with the Education Department, a reply has been given to him stating that
there is no practice for issuance of such certificate. It is his case that
when such certificate is not mandatory as per the pronouncement of the
orders of this Court in a batch of writ petitions, which was subsequently
challenged by way of appeal, the Division Bench had held that such
certificate is unnecessary and hence the writ Court directed the 2nd
appellant to issue such a certificate. However, so far, no such certificate
has been issued and the writ petitioner has not been considered and
appointed in any of the post.
5. We have heard the learned Additional Government Pleader and
the learned counsel for the respondents.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 03:28:30 pm )
6. It is pertinent to note that the writ petitioner has completed his
school education as private candidate. If the writ petitioner had studied
in an educational institution coming under the control of the school
education department, it is the Head of the institution, who has the
authority to issue the PSTM certificate. In this case on hand, since the
writ petitioner had appeared and completed his studies as private
candidate, the 2nd appellant is the authority to issue PSTM certificate to
the first respondent/writ petitioner. Therefore, the 2nd appellant is
directed to issue PSTM certificate to the first respondent within a period
of one week from the date of receipt of a copy of the judgment. On
receipt of such a certificate, the first respondent shall produce the same
before the 2nd respondent Board. The 2nd respondent Board shall select
the petitioner, if he is otherwise qualified. Accordingly, the Director of
Technical Education shall appoint the writ petitioner in any vacant post.
It is made clear that the Director of Technical Education shall not shift
the liability to the 2nd respondent Board, since according to the vacancy
position, the appropriate authority is the Department of Technical
Education and not the 2nd respondent Board.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 03:28:30 pm )
7. With the above observation and direction, the writ appeal is
disposed of. No costs. Consequently connected Miscellaneous Petition
is closed.
[J.N.B.,J] [S.S.Y.,J]
26.03.2025
NCC : Yes/No
Index : Yes/No
Note: Registry shall mark a copy of the order to the
Director of Technical Education.
RR
To
1.The Secretary
School Education Department
Government of Tamilnadu
Fort St. George
Chennai 600 009.
2.The Director of Government Examinations,
College Road
Chennai 600 006.
3.The Director
Department of Technical Education
Chennai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 03:28:30 pm )
J.NISHA BANU, J
AND
S.SRIMATHY, J.
RR
ORDER
IN
Date : 26/03/2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 03:28:30 pm )
