J. Stephen Raja vs State of Tamil Nadu and Others

S. Manikumar, J—Being aggrieved by the order made in W.P.(MD). No. 2441 of 2015 dated 25.02.2015, dismissing the writ petition prayed for issuance of writ of Certiorarified Mandamus to call for the records of the provisional list of candidates called for verification in recruitment of Post Graduate Assistant/Physical Director Grade I for the years 2013-2014 and 2014-2015, writ appeal has been filed. Before the Writ Court, the petitioner has also sought for a prayer, directing the respondents to consider his case for appointment to the post of P.G. Assistant (Economics), under the Tamil medium quota. After adverting to the submissions, the learned single Judge, has dismissed the writ petition on the ground that the petitioner does not possess Post Graduate qualification in Tamil medium, though the learned Judge has taken note of the fact that the petitioner has acquired his graduation in Economics, in Tamil medium, and that he had also completed B.Ed., degree in Tamil.

Though, Mr. Patturajan, learned counsel for the appellant, assailed the correctness of the order made by the Writ Court, on the grounds inter alia, that throughout the appellant''s educational career, he had studied only in Tamil medium, except, Post Graduation in English medium and that G.O. Ms. No. 145 Personnel and Administrative Reforms (S) Department, dated 30.09.2010, is not clear, as to who is eligible to be considered under the head, "persons studied in Tamil medium", for availing the 20% preferential concession, granted in the matter of appointment, in the services under the State Government, this Court is not inclined to countenance the said submissions for the reason that as per clause 2(b) of the GO.Ms. No. 145 Personnel and Administrative Reforms (S) Department, dated 30.09.2010 "persons studied in Tamil medium" has been defined as follows:--

"(b) persons studied in Tamil medium" means persons who have obtained the educational qualification or qualifications prescribed for direct recruitment in the rules or regulations or orders applicable to any appointment in the services under the State through Tamil medium of instruction;"

Insofar as the eligibility qualification is concerned, notification dated 07.11.2014, makes it clear that persons applying for appointment to the post Graduate Assistants should possess M.A./M.Sc./M.Com. in the relevant subject with B.Ed., in 10+2+3+2+1 or 10+3+3+2+1 pattern and all the certificates regarding educational qualifications should have been issued prior to the last date for submission of filled-in Application announced in the recruitment notification published by TRB. As per GO.Ms. No. 361 School Education Department, dated 31.12.1999. Candidates should have studied the same subject, in both Bachelor''s and Master''s Degrees, both for academic subjects and Languages. Therefore, there is no ambiguity in GO.Ms. No. 145 Personnel and Administrative Reforms (S) Department, dated 30.09.2010, as to who are all the persons, eligible to claim the benefit against the seats earmarked under the category "Persons studied in Tamil medium".

In addition to the above, Mr. V.R. Shanmuganathan, learned Special Government Pleader also invited the attention of this Court to the Hon''ble Division Bench judgment in A. Akila Vs. P. Mariammal, (2014) 3 LLN 731 , wherein, one of the questions that came up for consideration before this Court was that whether benefit of preferential treatment to persons who studied in Tamil Medium are available to only those who have studied the entire school curriculum and higher education in Tamil medium and whether benefit of preferential treatment can be extended to persons, who studied their educational qualifications prescribed for post alone in Tamil Medium?

After considering the Government Order in G.O. Ms. No. 145 Personnel and Administrative Reforms (S) Department, dated 30.09.2010, the Hon''ble Division Bench, at paragraph 14, of the said judgment answered as follows:--

"Therefore, prima facie, it appears that to be entitled for preferential treatment, a person should have obtained the educational qualification prescribed for direct recruitment to a particular post, in Tamil medium."

A perusal of the above said reported judgment, further shows that the Hon''ble Division Bench, had taken note of a Government letter No. 99/S/2011-1, dated 11.01.2011, by which the Secretary to the Government, Personnel and Administrative Reforms Department, had sent a communication to the Secretary of the Tamil Nadu Public Service Commission, the Chairman of the Teachers Recruitment Board, the Chairman of the Tamil Nadu Uniformed Services Recruitment Board and the Commissioner of Employment and Training, setting out certain guidelines, as to how the Government Order has to be understood. Extract of the communication dated 11.01.2011 is reproduced hereunder:--

Thus a reading of the definition under clause 2(b) ''persons studied in Tamil Medium'', the Government letter dated 11.01.2011 extracted supra, and the decision in A. Akila''s case (Cited supra), makes it clear that persons who seek for appointment in the services under the State, the category "Persons studied in Tamil medium" should have obtained the educational qualifications prescribed for the said post, in Tamil medium.

Reverting to the case on hand, though the appellant has studied the same subject (Economics), graduation and post graduation, he had not obtained the educational qualification, of M.A. (Economics) in Tamil Medium. Thus, he cannot said to be a person eligible, to seek for appointment under the preferential category, "Persons studied in Tamil medium". The Government Order is very clear. The petitioner has not made out a case for interference. Consequently, Writ Appeal fails and the same is dismissed. No costs. Connected miscellaneous petition is also dismissed.