Madras High Court
Haridayal Sharma vs The Secretary To Government on 22 October, 2025
W.P.Nos.9313 of 2016
and
1819 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on 14/10/2025
Pronounced on 22/10/2025
CORAM
THE HONOURABLE Mr.JUSTICE K. SURENDER
Writ Petition Nos.9313 of 2016
and
1819 of 2021
& W.M.P.Nos.8301 of 2016, 2039, 2041 and 2045 of 2021
Haridayal Sharma ... Petitioner in both
the petitions
Vs
1. The Secretary to Government
Higher Education Department
Fort St. George
Chennai 600 009. ... First petitioner in
W.P.No.9313 of 2016
The Director of Collegiate Education
Chennai 600 006. ... First petitioner in
W.P.No.1819 of 2021
2. The Regional Joint Director of Collegiate Education
1/16
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W.P.Nos.9313 of 2016
and
1819 of 2021
Chennai Region
Chennai 600 015.
3. The Registrar
University of Madras
Chennai 600 005.
4. D.G.Vaishnav College
rep. By its Secretary
Arumbakkam
Chennai 600 106. ... Respondents 2 to 4 in
both the writ petitions
PRAYER in W.P.No.9313 of 2016: Petition filed under Article 226 of the
Constitution of India praying for the issuance of a writ of declaration,
declaring that the condition of passing of second language test is not
applicable to the petitioner (teacher in aided stream) a person belonging to
Hindi Speaking linguistic minority working in a fourth respondent linguistic
minority institution if otherwise qualified to avail monetary and other
attendant service benefits including promotion.
PRAYER in W.P.No.1819 of 2021: Petition filed under Article 226 of the
Constitution of India praying for the issuance of a writ of certiorarified
2/16
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W.P.Nos.9313 of 2016
and
1819 of 2021
mandamus to call for the records of the second and fourth respondents
respectively, vide Rt.C.No.800/E2/2019 dated 11/10/2019 &
R.C.No.281/2018-2019 dated 30/1/2019, respectively and quash the same
and consequently direct the respondents to consider the claim of annual
increments, refixation of basic pay, payments of withheld annual
increments, refixation of basic pay, payments of withheld annual increments
of the petitioner from the date of his appointment, i.e., 18/3/2009, based on
representation dated 12/11/2018 & 21/10/2019, respectively of the
petitioner and attendantly direct the respondents to consider the case of the
petitioner's promotion from March 2021 as Associate Professor in
Department of Commerce, DG Vaishnav College, Chennai as per norms.
For petitioner ...
Mr.K.Shakespeare
For respondents ...
Mr.C.Gauthamaraj
Government Advocate
for R.R.1 and 2
Mr.D.Ravichander
Special Government Pleader
for R.3.
Mr.R.Rangarajan
for R.4
COMMON ORDER
Writ Petition No.9313 of 2016 has been filed to declare that the
condition of passing of second language test (Tamil language) is not
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1819 of 2021
applicable to the petitioner, who was working in the fourth respondent
linguistic minority institution.
2. Writ Petition No.1819 of 2021 has been filed to quash the orders
dated 11/10/2019 and 30/1/2019, passed by the second and fourth
respondents in Rt.C.No.800/E2/2019 and R.C.No.281/2018-2019
respectively and consequently, direct the respondents to consider the claim
of annual increments, refixation of basic pay, payments of withheld annual
increments, refixation of basic pay, payments of withheld annual increments
of the petitioner from the date of his appointment, i.e., 18/3/2009, based on
representations dated 12/11/2018 & 21/10/2019, respectively of the
petitioner and direct the respondents to consider the case of the petitioner's
promotion from March 2021 as Associate Professor in Department of
Commerce, DG Vaishnav College, Chennai.
3. The facts that led to the filing of these writ petitions are as
follows:-
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The petitioner was appointed as Lecturer in the fourth respondent
College on 18/3/2009 in a sanctioned post. The qualification approval of
the petitioner was granted by the third respondent University and further
salary was approved by the second respondent on 14/2/2014. Both the
qualification and grant approval was effected from the date of appointment
i.e., 18/3/2009. While granting the approval of the qualification, the second
and third respondents imposed a condition that the petitioner should pass
second language test in Tamil language conducted either by TNPSC or by
the Department of University of Madras, within a period of two years, from
the date of issuance of provisional approval of qualification by the
University.
4. Aggrieved by the said condition, W.P.No.9313 of 2016 was filed
with a prayer to declare that the condition of passing Tamil language test is
not applicable to the petitioner, since the petitioner is working in a Minority
Aided Institution. Further, Section 12 A of the Tamil Nadu State and
Subordinate Services Rules which applies to the Government Servants is
not applicable to Aided Teachers serving in a Linguistic Minority
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Institution.
5. Meanwhile, the petitioner had passed Tamil language test and
results were published on 17/9/2018. Thereafter, the petitioner made a
representation for re-fixation of salary on 12/11/2018, since no re-fixation
was done due to the petitioner not passing the test. The fourth respondent,
addressed a letter to the first respondent to provide approval for grant of
regular income to the petitioner from the date of passing the Tamil language
test. The said letter was addressed to the first respondent on 30/1/2019 by
the fourth respondent College. Since the respondents had failed to consider
the representation of the petitioner for refixation of the basic salary which
was denied for want of clearing Tamil language test, even after passing the
test, the petitioner approached this Court by way of W.P.No.1819 of 2021.
6. Heard Mr.K.Shakespeare, learned counsel for the petitioner,
Mr.C.Gauthamaraj, learned Government Advocate for the respondents 1 and
2, Mr.D.Ravichander, learned Special Government Pleader for the third
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respondent and Mr.R.Rangarajan, learned counsel for the fourth respondent.
7. The learned counsel appearing for the petitioner relied on the
judgment of this Court made in W.P.No.27439 of 2022 (K.KUMARI Vs. 1.
THE GOVERNMENT OF TAMIL NADU, rep. BY ITS SECRETARY,
SCHOOL EDUCATION DEPARTMENT, FORT ST. GEORGE,
CHENNAI 600 009 AND 4 OTHERS), wherein the learned Single Judge,
held that Rule 12 A of the Tamil Nadu State and Subordinate Services Rules
is not applicable to the employees of the Private Aided Institutions.
8. The learned Government Advocate appearing for the respondents 1
and 2 would submit that it is for the incumbent to pass Tamil language test,
failing which Rule 12 A of the said Rules would apply and in view of
Section 12 A of the Rules, the petitioner is not entitled for any benefit till he
passes the exam of Tamil eligibility test.
9. The grievance of the petitioner is that since he had passed Tamil
language test in the year 2018, increments and other benefits have to be
extended in normal course from the date of his appointment and not from
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the date of passing the test.
10. For better appreciation of the case, it is relevant to extract Rule
12 A of the said Rules which read as under:-
“Linguistic Qualification:- (a) No person
shall be eligible for appointment to any service by
direct recruitment unless he has an adequate
knowledge of the official Language of the State,
namely, Tamil:
Provided that a person, being otherwise
qualified for appointment to the post to which
recruitment is to be made, may apply for
recruitment to the post, despite the fact that, at the
time of such application, he does not possess an
adequate knowledge of Tamil.
Explanation:—For the purpose of this rule,
a person shall be deemed to have an adequate
knowledge of Tamil, if—
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(i) In the case of a post for which the
educational qualification prescribed is the
minimum general educational qualification and
above, he has passed the S.S.L.C. Public
Examination or its equivalent examination with
Tamil as one of the Languages; or studied the
High School Course in Tamil Medium and passed
the S.S.L.C. Public Examination or its equivalent
Examination in Tamil Medium; or passed the
Second Class Language Test in Tamil Conducted
by the Tamil Nadu Public Service Commission.
(ii) in the case of a post for which the
educational qualification prescribed is VIII
Standard and above but below S.S.L.C. he has
studied in Tamil Medium in those standards or
passed the Language Test in Tamil referred to in
rule 12-B(i); and
(iii) in the case of a post for which the
educational qualification prescribed is below VIII
standard, he has studied in Tamil Medium in those
standards or passed the oral test in Tamil referred
to in rule 12-(B) (ii).
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(b) Every such candidate as is referred to in
the proviso to subrule (a), shall, if selected and
appointed on or after 9th February, 1996, pass the
Second Class Language Test in Tamil conducted
by the Tamil Nadu Public Service Commission, or
pass the Language Test in Tamil referred to in rule
12-B (i) conducted by the appointing authority or
pass the oral 12-B (ii) conducted by the appointing
authority, as the case may be within a period of
two years from the date of his appointment. If he
fails to pass the said Language Test within the said
period of two years, he shall be discharged from
service.
(c) The syllabus for the Second Class
Language Test in Tamil referred to in this rule
shall be specified in Schedule I-A to these rules.”
11. A bare reading of Rule 12 A of the said Rules regarding
linguistic qualification, it is clear that it does not apply to the Private
Aided/Minority Institutions.
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12. Briefly, history of prescribing Tamil language test for the staff of
Aided Colleges was the subject matter of W.P.No.14658 of 1995. This
Court, while allowing the said writ petition held that it is for the University
to decide about the qualification required for appointment to the post of
Teachers in Aided Colleges. Accordingly, respondent University made
suitable recommendations prescribing condition of passing Tamil language
test, as ordered in G.O.Ms.No.2766, Education dated 31/12/1982.
13. The core issue in the present writ petitions is whether the
petitioner need to pass Tamil language test (W.P.No.9313 of 2016) and
having passed the linguistic examination, whether the petitioner is entitled
to all the benefits from the date of his appointment.
14. This Court in
(i). 2002 (3) CTC 336 (S.MOHAMOOD BASHA Vs. THE
DIRECTOR OF COLLEGIATE EDUCATION, COLLEGE ROAD,
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MADRAS 600 006
(ii). 2009 (2) TNLJ 101 (CIVIL) (THE DIRECTOR OF SCHOOL
EDUCATION, COLLEGE ROAD, CHENNAI 600 006 Vs. GELDON
WIFRED VIOLA AND ANOTHER) and
(iii). W.P.(MD) No.11689 of 2017 (Fr.GEEVARGHESE
MATHEW Vs. THE STATE OF TAMIL NADU AND OTHERS
has held that Rule 12 A of the Rules would not apply to Private Aided
Institutions. The said finding was upheld in W.A.(MD) No.2131 of 2021
(THE STATE OF TAMIL NADU AND OTHERS Vs.
FR.GEEVARGHESE MATHEW AND ANOTHER).
15. It is not in dispute that the petitioner was appointed in the fourth
respondent College on 18/3/2009 and 'qualification' and 'grant' was
approved by the first respondent. Though his first increment was given in
the year 2014, petitioner was asked to remit back the increment to the
Treasury and thereafter, all further benefits were denied in view of the
petitioner not passing Tamil language test.
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16. As seen from Rule 12 A of the Rules, there is nothing to infer
that any increment or benefits would accrue only from the date of passing
Tamil eligibility test. In fact, the issues raised in these writ petitions are
already considered by this Court in a catena of decisions. In the light of the
observations and discussions made above and in the light of the orders
passed by this Court in identical circumstances, this Court is of the
considered view that it is not possible to sustain the impugned order in
W.P.No.1819 of 2021 and hence, the same is set aside.
17. Since the petitioner has passed Tamil language test, no orders
need be passed regarding the requirements of Tamil language test in so far
as the W.P.No.9313 of 2016 is concerned.
18. In the result, writ petition No.9313 of 2016 is closed and
W.P.No.1819 of 2021 is allowed. The respondents are directed to take into
consideration the benefits including increment, promotion, etc., which
would accrue in the course of his employment from the date of his
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appointment. The arrears shall be settled to the petitioner, within a period
of twelve weeks, from the date of receipt of a copy of this order. No costs.
Consequently, connected Miscellaneous Petitions are closed.
(K.SURENDER,J)
22/10/2025
mvs.
Index: Yes/No
Neutral Citation: Yes/No
To
1. The Secretary to Government
Higher Education Department
Fort St. George
Chennai 600 009.
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and
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2. The Director of Collegiate Education
Chennai 600 006.
3. The Regional Joint Director of Collegiate Education
Chennai Region
Chennai 600 015.
K.SURENDER,J
mvs.
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and
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Pre-delivery common order made in
W.P.Nos.9313 of 2016 and 1819 of 2021
22/10/2025
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