Writ Petition Nos.16169 and 19493 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

Writ Petition Nos.16169 & 19493 of 2024

and

W.M.P.No.17712 of 2024 in W.P.No.16169 of 2024 &

W.M.P.No.21348 of 2024 in W.P.No.19493 of 2024

W.P.No.16169 of 2024

1.R.Prakash

S/o.G.Ramu

2.C.Karthikeyan

S/o.R.Chinnapaiyan

3.G.Ayyanar

S/o.A.Ganesan

4.R.Arulmani

S/o.M.Raman ... Petitioners

Vs.

1.The State of Tamil Nadu,

represented by its

Principal Secretary to Government,

Higher Education Department,

Fort St.George, Chennai - 600 009.

2.The Director of Technical Education,

53, Sardar Patel Road,

Guindy, Chennai - 600 025.

3.Tamil Nadu Public Service Commission,

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Writ Petition Nos.16169 and 19493 of 2024

TNPSC Road, Broadway,

Chennai - 600 003.

4.Adhiparasakthi Polytechnic College,

represented by its Correspondent,

Melmaruvathur,

Kanchipuram.

5.Shri Krishnaa Polytechnic College,

represented by its Correspondent,

R.Gobinathampatty,

Morappur, Harur,

Dharmapuri.

6.Maruthi Polytechnic College,

represented by its Correspondent,

Manivizhundan South,

Attur, Salem District.

7.Government Polytechnic College,

Perundurai, Erode. ... Respondents

[Respondents 4 to 7 are impleaded as per order dated 06.08.2024 in

W.M.P.No.24916/2024 in W.P.No.16169/2024]

Writ Petition filed under Article 226 of the Constitution of

India seeking issuance of a Writ of Declaration to declare that the

petitioners are eligible to be appointed as Assistant Engineer - Civil

Engineering in the category of PSTM pursuant to the recruitment

notification No.10/2022 in Advertisement No.613 dated 04.04.2022.

W.P.No.19493 of 2024

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Writ Petition Nos.16169 and 19493 of 2024

R.Prakash

S/o.G.Ramu ... Petitioner

Vs.

1.The State of Tamil Nadu,

represented by its

Principal Secretary to Government,

Higher Education Department,

Fort St.George,

Chennai - 600 009.

2.The Director of Technical Education,

53, Sardar Patel Road,

Guindy, Chennai - 600 025.

3.Tamil Nadu Public Service Commission,

TNPSC Road, Broadway,

Chennai - 600 003.

4.Adhiparasakthi Polytechnic College,

represented by its Correspondent,

Melmaruvathur,

Kanchipuram. ... Respondent

[R4 - impleaded as per order dated 15.07.2024 in W.M.P.No.21717/2024

in W.P.No.19493/2024]

Writ Petition filed under Article 226 of the Constitution of

India seeking issuance of a Writ of Declaration to declare that the

petitioner is eligible to be appointed as Assistant Engineer - Civil

Engineering in the category of PSTM pursuant to the recruitment

notification No.23/2023 in Advertisement No.672 dated 13.10.2023.

For Petitioners : Mrs.N.Kavitha Rameswar

[in both petitions]

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Writ Petition Nos.16169 and 19493 of 2024

For Respondents: Mr.D.Ravichander

[in both petitions] Special Government Pleader

[R1, R2 & R7]

Mr.I.Abrar Mohammed Abdullah [R3]

Mr.M.Rajasekar [R4]

No appearance [R5]

Mr.K.K.Senthilvelavan, Senior Counsel

for Mr.J.Thomas Saran Singh [R6]

*****

COMMON ORDER

These writ petitions have been filed seeking issuance of a writ

of declaration to declare that the petitioners are eligible to be appointed as

Assistant Engineer - Civil Engineering in the PSTM category.

2. W.P.No.16169 of 2024 pertains to the recruitment

notification dated 04.04.2022. W.P.No.19493 of 2024 pertains to

recruitment notification dated 13.10.2023.

3. The case of the petitioners is that they had applied for the

post of Assistant Engineer - Civil Engineering pursuant to the

notifications dated 04.04.2022 and 13.10.2023, which pertain to the

recruitment for the years 2022 and 2023. As per this notification, 20% of

the vacancies are notified to candidates, who have studied in Tamil

medium (PSTM). The petitioners wrote the examination conducted by

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Writ Petition Nos.16169 and 19493 of 2024

third respondent. The third respondent released the list of candidates, who

are provisionally eligible for certificate verification.

4. The second petitioner in W.P.No.16169 of 2024 was called

for certificate verification and oral test. Insofar as petitioners 1, 3 and 4

are concerned, they approached this Court and pursuant to the order

passed in W.A.No.682 of 2023, they were called for certificate

verification. Insofar as W.P.No.19493 of 2024 is concerned, the petitioner

was called for certificate verification. All the petitioners produced the

original certificates at the time of certificate verification.

5. All the petitioners were called for oral interview also.

However, the candidature of the petitioners was not considered mainly on

the ground that the petitioners were not able to submit PSTM certificate

for the diploma course that was undergone by them. It is under these

circumstances, these writ petitions have been filed before this Court.

6. The second respondent has filed a counter in W.P.No.16169

of 2024. The stand taken by second respondent is extracted hereunder:

"4. I submit that, the Tamil Nadu Government have

given an opportunity to those who are all studied in Tamil

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Writ Petition Nos.16169 and 19493 of 2024

Medium can utilise 20% reservation in Tamil Nadu appointment

on preferential basis in the services. Also the Government has

published the Amendment Act in Government Gazette on

07.12.2020 as Act No.35 of 2020, Amendment of section 2

clause (d)

"(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."

5. I state that as per Clause 4(B) of the recruitment

notification dated 04.04.2022, the essential requisite qualification

for the post of Assistant Engineer is a Degree in Civil

Engineering. I state that I am not aware of the fact, that the

petitioners are fully qualified with a Degree in Civil Engineering,

applied for the post pursuant to the said notification.

6. With respect to the averment made in para (4) of the

affidavit, it is stated that, all the petitioners herein have completed

their Diploma in Civil Engineering which is a two-year course

and thereafter they completed B.E. in Civil Engineering (3 Years)

through Lateral Entry which is permissible for Diploma holders.

7. In this regard, it is submitted that, this office issues

as per Board of Studies and Examination Hand book for Diploma

and PG Diploma Para 2.11 and 3.1, the Medium of Instruction is

English. Thus the allegation to the contra are clearly false and

misleading. The Hand Book is enclosed herewith as Annexure

R1.

8. It is further submitted that, In the Board of Studies

and Examinations Hand Book Para 3.1 issued by the second

respondent herein, Directorate of Technical Education, it is given

as "even though, the Medium of Instruction of Diploma and post

Diploma Courses is English, the candidates are being permitted

to answer in Tamil also. To facilitate rural candidates who

studied X standard in Tamil Medium, the I year question papers

are being printed both in English and Tamil".

9. I state with respect to averment in para 8 the same is

strictly denied and submitted that, in G.O (Ms).No.82, Human

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Writ Petition Nos.16169 and 19493 of 2024

Resource Management (S) Department, Dated 16.08.2021 in para

4 and 4(ii) it is stated as,

@khz;gik brd;id cau;ePjpkd;w kJiu

fpis tH';fpa nkw;go jPupg;gpid bray;gLj;JtJ

Fwpj;J jkpH;ehL muRg; gzpahsu; nju;thizaj;jpd;

fUj;jpid bgw;W muR tpupthf Ma;t[ bra;J.

mjd;go. 2010 ? Mk; Mz;L jkpH;ehL jkpH; tHpapy;

fy;tp gapd;wtu;fis murpd; fPH;tUk; gzpfspy;

Kd;Dupikapd; mog;gilapy; gzp epakdk; bra;jy;

rl;lk; kw;Wk; mr;rl;lj;jpw;fhd 2020 ? Mk; Mz;L

jpUj;jr; rl;lk; Mfpatw;iw eilKiwg;gLj;JtJ

bjhlu;ghf. btspaplg;gl;Ls;s tHpfhl;L bewpKiwapy;

gj;jp vz;/4(ii)?y; gpd;tUkhW Fwpg;gplg;gl;Ls;sJ/

@,ju bkhHpfis gapw;W bkhHpahf

(Medium of Instruction) bfhz;L gapd;W. nju;t[fis

kl;Lk; jkpHpy; vGjpatu;fs;. ,k;Kd;Dupik

xJf;fPl;ow;F jFjpa[ilatu;fs; my;yu;/@

Hence, the Petitioners has undergone Diploma Course

in English medium, the concession given under

G.O.(Ms).No.145, Personnel and Administrative Reforms (S)

Department, dated 30.09.2010 and G.O.(Ms).No.82, Human

Resource Management (S) Department, dated 16.08.2021 is not

applicable. (Reservation in Public Employment for those who

studied the course in Tamil Medium)."

7. Learned counsel for petitioners submitted that the petitioners

had undergone their studies right from the beginning only in Tamil

medium. Therefore, just because they were not able to get the PSTM

certificate for the diploma course, that cannot deprive the petitioners from

being considered under the PSTM category.

8. When the matter came up for hearing on 06.08.2024, this

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Writ Petition Nos.16169 and 19493 of 2024

Court directed learned counsel appearing on behalf of Colleges where the

petitioners underwent diploma course to take instructions with respect to

the medium in which the petitioners had undergone diploma course.

9. Learned counsel appearing on behalf of the Adhiparasakthi

Polytechnic College produced the written instructions received from the

College to the effect that the diploma in civil engineering was offered

only in English medium. Similarly, learned Standing Counsel appearing

on behalf of Maruthi Polytechnic College (R6) also produced a similar

letter stating that the medium of instruction for the diploma course was

only in English. Learned Senior Counsel further brought to the notice of

this Court the proceedings dated 14.08.2024 of the Commissioner of

Directorate of Technical Education wherein it has been mentioned as

follows:

@vdnt. nkw;go. murhizfspd;goa[k;

bjhHpy; El;gf; fy;tp Jiwapd; gl;lag; gog;g[

bjhlu;ghd tpjpfs; kw;Wk; tpjpKiwfspd;goa[k;

gapw;WbkhHp M';fpyk; kl;Lk; vd;gjhy; fy;tpahz;L

2022?23 Kd;g[ tiu nru;;f;if bgw;w khzhf;fu;fSf;F

jkpH;tHp fy;tpr; rhd;wpjY; (PSTM) tH';f

tHptif,y;iy vd bjuptpj;Jf;bfhs;tJld;.

,dptUk; fhy';fspy; jtWjyhf jkpH; tHpr;

rhd;wpjH; tH';fg;gLtJ bjupatUk; gl;rj;jpy;

mf;fy;Y}up kPJ jf;f eltof;if nkw;bfhs;sg;gLk;

vd bjuptpj;Jf;bfhs;sg;gLfpwJ/@

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Writ Petition Nos.16169 and 19493 of 2024

10. Heard Mrs.N.Kavitha Rameswar, learned counsel for

petitioners, Mr.D.Ravichander, learned Special Government Pleader

appearing for respondents 1, 2 and 7, Mr.I.Abrar Mohammed Abdullah,

learned counsel appearing for third respondent, Mr.M.Rajasekar, learned

counsel appearing for fourth respondent and Mr.K.K.Senthilvelavan,

learned Senior Counsel appearing for sixth respondent.

11. Learned counsel for petitioners heavily relied upon Act 35

of 2020, which came into effect from 07.12.2020 wherein the definition

of 'persons studied in Tamil medium' was amended as follows:

"(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 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;

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Writ Petition Nos.16169 and 19493 of 2024

(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."

12. Learned counsel submitted that the recruiting agency will

have to strictly go by the requirements under the above Act and they

cannot be allowed to add or substitute any words which are not found in

the Act. Learned counsel submitted that all the petitioners had undergone

their studies in 10 + 2 + 2 + 3 pattern. Learned counsel submitted that

there is no dispute with regard to the fact that the petitioners have

undergone studies in SSLC, HSC and engineering degree in Tamil

medium. The relevant PSTM certificates were also pointed out to

substantiate this submission. Insofar as the diploma course is concerned,

no such certificate was granted by the institution. It was contended that

even though no such certificate is available, it is not very relevant since

the requirement under the notification is that the candidate must possess a

B.E. degree in civil engineering.

13. Learned counsel by relying upon Clause (iv) of the

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explanation to Section 2(d) of the Act 35 of 2020 submitted that in cases

where a degree is specified as an educational qualification, the candidate

is expected to study SSLC, Higher Secondary Education and Degree

through Tamil medium of instruction. Learned counsel submitted that this

requirement under the Act 35 of 2020 has been fulfilled in letter and spirit

by the petitioners. Learned counsel further submitted that in cases where

the requirement prescribed is a diploma, then the diploma must have been

completed through Tamil medium and such a requirement is found in

Clause (iii) of the explanation. Therefore, it was argued that the

Legislature had knowledge that a person can undergo a B.E. degree

course even through lateral entry after undergoing a diploma and in spite

of the same, the Legislature did not specifically mandate that the PSTM

certificate must be obtained for the diploma course when the qualification

that is prescribed is only a B.E. degree in civil engineering.

14. In the light of the above submission, learned counsel

submitted that even though the institutions have now come up with

instructions that the petitioners underwent the diploma course only in

English, it will not have any bearing since the petitioners have fulfilled

the requirements strictly as per Clause (iv) of the explanation.

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15. Insofar as the interpretation of such statute is concerned,

learned counsel relied upon the judgments of the Apex Court in Eera

through Manjula Krippendorf v. State (Govt. of NCT of Delhi and

others [(2017) 15 SCC 133] and Union of India (UOI) and Ors. v.

V.R.Nanukuttan Nair [(2019) 19 SCC 690].

16. Learned counsel concluded her submissions by stating that

the recruiting agency cannot be permitted to do violence to the intent and

the language used under the Act 35 of 2020 and if the petitioners had

satisfied the requirements of the Act 35 of 2020 and had fulfilled the

objective behind the Act, they must be considered for recruitment under

the PSTM category.

17. Per contra, learned Special Government Pleader appearing

on behalf of respondents 1 and 2 submitted that the advantage under the

PSTM category can be extended only if the candidate had undergone the

course right through in Tamil medium. This includes the diploma course

underwent by petitioners. Learned Special Government Pleader further

submitted that just because the petitioners wrote the diploma course in

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Writ Petition Nos.16169 and 19493 of 2024

Tamil, that does not automatically confer advantage on the petitioners

since the medium of instruction for the diploma course was only in

English. Hence, it was contended that the petitioners are not eligible to be

considered under the PSTM category.

18. Learned Standing Counsel appearing on behalf of Tamil

Nadu Public Service Commission placed reliance upon the judgment of

the Division Bench in W.P.(MD) No.8025 of 2020, dated 22.03.2021.

The portions of the judgment that were relied upon by the learned

Standing Counsel are extracted hereunder:

"35. The aforesaid amendment is in consonance with

the interpretation given by this Court with regard to "the persons

studied in Tamil medium" as stated in unamended Section 2(d) of

the Act. Therefore, even as per the original Act, there is no

confusion with regard to the intention of the Legislature and it is

only on a narrow interpretation given by some of the parties, the

benefits have been obtained unjustifiably by undeserving

candidates who studied in Medium other than Tamil Medium and

artificially complied with by obtaining degree alone in Tamil

Medium. The amendment regarding "Persons studied in Tamil

Medium" only gives clarity. It does not introduce anything new.

The original act as clarified by the amendment also supports the

contentions of the Petitioner. Therefore, the impugned

notification is in consonance with the interpretation given by this

Court namely,

(i)Persons who complete their entire education in Tamil medium

upto the prescribed qualification alone viz., right from first

standard upto SSLC, HSC, Degree of Diploma or Post

Graduation Degree are entitled to the benefit under the PSTM

Act.

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(ii)Candidates, who artificially tried to comply with the

provisions by obtaining the prescribed qualification alone in

Tamil Medium namely, degree are not entitled to be selected.

(iii)20% PSTM reservation shall be applied at every stage

namely, written examination, interview, as well as final stage

of recruitment process.

36. The above directions are necessary as the

reservation for Tamil Medium candidates was not followed at

every stage and therefore, the required candidates were stated to

be not available for filling up the 20% reservation at the final

stage. Only if the reservation is applied at every stage, the

benefits given under the Act would be reaching the candidates.

Under the present recruitment, benefits under the Act have to be

given to the candidates, who studied right from school in Tamil

Medium upto the required qualification viz., 1st standard to 10th

standard, HSC, Degree or Diploma or Post Graduation Degree in

Tamil medium.

37. The investigation conducted by the Vigilance and

Anti Corruption Department with regard to issuance of fake

certificates by Madurai Kamaraj University shall be done

thoroughly and concluded at the earliest. There shall be a

direction to R16 & R17 viz., The Director of Vigilance & Anti

Corruption and The Deputy Superintendent of Police, Vigilance

& Anti Corruption, to continue with the investigation with regard

to the issuance of fake PSTM certificates by Madurai Kamaraj

University and shall expand the scope of investigation by finding

out any similar offence is committed in any other Universities in

the State of Tamil Nadu.

38. From the materials placed on record this Court

holds that

"(i) The Act is intended to encourage the children to study in

Tamil Medium;

(ii) To remove the disability sustained by the Tamil medium

students due to education in Tamil medium viz., inability to get

employment in Central Government as well as in other State

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Services, Private Sectors, the reservation has been provided;

(iii) The reservation of 20% is meant for those students who

studied their entire education upto the requisite qualification in

Tamil Medium viz., study in Tamil medium from 1st standard to

SSLC, HSC, Degree or Diploma or Post Graduation Degree;

(iv) People are encouraged by the reservation to prefer Tamil as

Medium of Instruction at all levels of education;

(v) Preference of 20% reservation is sought to be given for Tamil

Medium students under PSTM Act when equally qualified

persons, who studied in a different medium of instruction other

than Tamil are available. For the rest of 80%, it is open to all the

persons who studied in different languages;

(vi) Setting apart 20% for preferential treatment to those who

studied in Tamil Medium is reasonable as those persons cannot

be compared or equalised to those who have studied in other

Mediums of Instruction, especially, English Medium, who can

get more opportunities in other employment;

(vii) The opportunities available for those who have studied in

Tamil Medium is confined only to the State of Tamil Nadu;

(viii) As the opportunity to get employment to those who studied

in Tamil Medium is confined to the State and lack of employment

opportunities in other States, Central Government Service,

Private Sectors, is a disability suffered by them and those

persons, who studied in Tamil Medium constitute a separate

classification different from those who have studied in English

Medium, who have more opportunities everywhere including the

State of Tamil Nadu, the classification made by the Government

is reasonable and based on a rational complying with Article 14

of the Constitution of India to achieve the object of removing the

disability being suffered by persons studied in Tamil Medium by

giving 20% reservation;

(ix) The entire Act including the amendment Act 2020 is

constitutionally valid;

(x) It is a step to preserve and take forward Tamil language to the

future generations."

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42. For the reasons stated above the impugned

notification is held as valid and this Court accepts the contention

of the Petitioner that only those who completed their entire

education right from schooling viz., from first standard upto

SSLC, HSC, prescribed qualification either Degree, Diploma or

Post Graduation, in Tamil medium alone are entitled to avail the

benefit of 20% reservation quota. Therefore, the Writ Petition is

allowed partly with the following directions:

(1). The impugned notification itself is as per the

interpretation given by the petitioner in the prayer viz., to

allow only the candidates those who have completed their

entire education i.e., from 1st std to 10th std, then 12th std

and thereafter, Degree or prescribed qualification only

through Tamil Medium to avail PSTM quota and hence it

is valid.

(2). The recruitment under the impugned notification is

governed by this order.

(3). There shall be a direction to the Respondents to give

20% PSTM reservation only to those who studied their

entire education through out in Tamil medium viz., right

from 1st standard upto prescribed qualification.

(4). 20% reservation for PSTM candidates shall be

applied at every stage of recruitment.

(5). The PSTM Act 2010 and the amendment Act 2020 are

constitutionally valid, as the act is to remove the disability

sustained by the Tamil medium students due to education

in Tamil medium viz., inability to get employment in

Central Government as well as in other State Services,

Private Sectors.

(6). The Chief Secretary shall direct the Department of

School Education and Higher Education to strictly

indicate the medium of instruction in the certificates itself

viz., Tamil or English in which the student undergo the

course in 10th std, 12th std, Degree and Post Graduate

Degree, if not already indicated.

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(7). The third respondent shall also get the certificates

verified from the school or college authorities with regard

to those candidates who apply under PSTM quota and

also make it mandatory to produce the proof for having

benefitted the scholarship for undergoing education in

Tamil Medium and also completion certificate for having

studied in Tamil Medium issued by the Institutes as per the

full bench judgment of this Court dated 27.09.2019 in

W.P.No.27127 of 2018 in the case of R.Boominathan Vs.

The Government of Tamil Nadu.

(8). The Director of Vigilance and Anticorruption shall

constitute a special team headed by a DSP level Officer,

preferably, the seventeenth respondent herein, exclusively,

for the investigation on the alleged irregularities in the

conduct of examinations and issuance of false certificates,

including false PSTM certificates, as discussed supra, by

Madurai Kamaraj University and shall ensure that the

investigation is completed in a time bound manner not

more than six months from the date of receipt of a copy of

this order. The investigation team is expected to submit a

status report before this Court at regular intervals,

preferably, by the end of three months period, in sealed

cover. A copy of the final report shall also be submitted

before this Court in sealed cover.

(9). After completing the investigation in Madurai

Kamaraj University, the investigation team shall also

extend the scope of investigation and find out any such

fraud has been committed in any other Universities in

Tamil Nadu.

(10). Needless to state that during the course of

investigation, if the investigation team finds the

commission of cognizable offence, they are expected to file

the final report by including the relevant penal provisions,

apart from the provisions of Prevention of Corruption Act.

(11). The respondents 1 and 2 are directed to appoint only

those teachers who have been qualified in tamil literature

to teach "Tamil subject" for the students at school as well

as college level.

(12). The Government shall not appoint candidates who

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obtained cross major subject degrees in Tamil as Tamil

Teachers."

19. By placing reliance on the judgment of the Division Bench,

learned counsel submitted that the petitioners can be considered under the

PSTM category only if they complete their entire education right from

their schooling till obtaining the degree in Tamil medium. In the absence

of the same, just because the petitioners had completed B.E.degree in

Tamil medium without undergoing the diploma course in Tamil medium,

such privilege cannot be granted to the petitioners. Learned counsel took

an extreme stand that the petitioners had misled as if they had completed

the diploma course in Tamil medium whereas it has come to light that the

diploma course was undergone only in English medium. Hence, the

petitioners had artificially complied by obtaining the degree in Tamil

medium and that will not come to the aid of the petitioners since they

have not fulfilled the requirement of completing their entire education in

Tamil medium. In the light of the above submission, learned Standing

Counsel sought for the dismissal of these writ petitions.

20. This Court had carefully considered the submissions made

on either side and perused the materials on record.

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21. The short issue that arises for consideration in these writ

petitions is as to whether the petitioners will be ineligible to be

considered under the PSTM category on the ground that they were not

able to produce a PSTM certificate for the diploma course and on the

ground that the medium of instruction for the diploma course was in

English as per the instructions given by the concerned colleges and the

proceedings of the Commissioner of Directorate of Technical Education.

22. To start with, it is important to understand the objective

behind the enactment to provide for appointment on preferential basis in

the services for persons, who have studied in Tamil medium. The

objective is that for persons, who have studied Tamil medium, they have

very little chance of getting selected in the employment of Central

Government, other State Governments or in private sectors. Therefore,

there was a need for giving preference to those persons, who have studied

through Tamil medium, in State Government services. With this avowed

object, the Act was brought into force through Act No.40 of 2010.

23. There was a subsequent amendment that was carried out in

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Act 35 of 2020, which came into force on 07.12.2020. The scope of both

enactments was dealt with by the Division Bench order in W.P.(MD)

No.8025 of 2020, dated 22.03.2021, referred supra. The relevant portions

that were relied upon by learned Standing Counsel for Tamil Nadu Public

Service Commission have also been extracted.

24. It is necessary to take note of the actual grievance that was

considered by the Division Bench. For this purpose, paragraph No.5 of

the order is extracted hereunder:

"5. The petitioner had his entire schooling in Tamil

Medium upto Plus Two. He completed B.Com, then M.Com in

Tamil Medium and thereafter, completed his Law Degree through

Tamil Medium. The petitioner applied for TNPSC Group I

Services pursuant to 3rd respondent's notification dated

20.01.2020 calling for applications for CCS I examination

(Group I services) for vacancy of 69 posts. The grievance of the

petitioner is that the candidates who had not done their schooling

in Tamil Medium are getting benefited by 20% quota under

PSTM Act by obtaining only the higher degree prescribed for the

post in Tamil Medium. Excepting the Higher Degree prescribed

as qualification for the post, most of them studied in English

Medium and only to get the benefit under PSTM quota, they

acquire the prescribed qualification in Tamil Medium

superficially through distance education. According to him,

persons who are entitled to reservation are only those who have

studied in Tamil Medium right from I standard to Plus Two and

thereafter, the other degrees. To put it in a nutshell, candidates

should have studied throughout in Tamil Medium right from

schooling till acquiring the prescribed higher qualification. The

very object of the Act is being frustrated by the respondents by

adopting a fraudulent method of giving reservation to those who

have studied higher qualification prescribed for the post alone in

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Tamil Medium ignoring the fact that they studied throughout in

English Medium."

25. The Division Bench dealt with a scenario where many

started claiming for PSTM quota by superficially undergoing Tamil

medium at the degree level or merely writing examinations in Tamil.

Thereby, an attempt was made to frustrate the very object of the Act. In

order to deal with such a situation, the Division Bench had gone into the

scope of this Act in detail.

26. The Division Bench has categorically held that for a person

to claim PSTM category, he must have completed his entire education in

Tamil medium up to the prescribed qualification viz., I standard upto

SSLC, HSC, Degree or Diploma or Post Graduation Degree. It was made

clear that the candidates who artificially try to comply with the provisions

by obtaining the prescribed qualification alone in Tamil medium were

held to be not entitled for claiming the benefit of the quota.

27. A careful reading of the observations made by the Division

Bench makes it abundantly clear that a candidate must have completed

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his entire education in Tamil upto the degree, which is prescribed as a

qualification for selection.

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 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.

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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.

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

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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 the

Court must be aware that the Legislature had the knowledge of the

prevailing scenario. The Court is expected to give a purposive

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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.

35. In the case in hand, there is no dispute with regard to the

fact that the petitioners have undergone education only in Tamil medium

from I to X standard and also in the HSC. There is also no dispute with

regard to the fact that the petitioners had undergone B.E. degree in Tamil

medium. The PSTM certificates that have been placed before this Court

proves the said fact. On carefully going through the circular dated

14.08.2024 of the Commissioner of Department of Technical Education,

it is seen that there was no scope for Tamil medium till 2022-2023 for

those who undergo the diploma. In view of the same, the institutions have

taken a stand that the diploma was not taught to the students in Tamil

medium.

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36. Apart from the plain reading of explanation (iv), this Court

must also see whether the petitioners have satisfied the object of the Act.

The object of the Act is that the candidate must have studied in Tamil

medium throughout and the candidate will not be allowed to superficially

fulfill the requirement by only undergoing the essential qualification in

Tamil medium. That is not the case in hand and the petitioners have

certainly gone through their entire education only in Tamil medium.

37. Even in the Division Bench judgment that was relied upon,

the Division Bench while dealing with the scope of Section 2(d) of the

Act 35 of 2020 has held that a candidate must have completed their entire

education right from schooling in Tamil medium. While doing so, the

Division Bench specifically took note of SSLC, HSC, Degree, Diploma

or Post Graduation. The Division Bench never had an occasion to deal

with a scenario where there was a lateral entry into B.E. degree after

completing the diploma course.

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

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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.

39. In the considered view of this Court, the petitioners, who

have undergone their entire education in Tamil, should not be deprived of

the PSTM category just because they are not able to get PSTM certificate

for the diploma which they underwent. The petitioners have in fact

written the diploma exams only in Tamil. They could not have obtained

such a certificate since the circular of the Commissioner of Department of

Technical Education shows that the diploma course was never instructed

through Tamil medium. The object behind the Act will be defeated if the

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petitioners are not considered under the PSTM category.

40. The insistence of TNPSC to get the PSTM certificate for

the diploma also runs against the plain language used in explanation (iv)

to Section 2(d) of the Act 35 of 2020.

41. In the light of the above discussion, the petitioners are

entitled to succeed in these writ petitions. Accordingly, it is declared that

the petitioners are eligible to be considered under the category of PSTM

and their appointment to the post of Assistant Engineer - Civil

Engineering can be proceeded further, if the petitioners are otherwise

qualified.

Accordingly, these writ petitions are allowed. No costs.

Consequently, connected miscellaneous petitions are closed.

29.08.2024

Neutral Citation: Yes

Index: yes

Speaking Order

gm

To

1.The Principal Secretary to Government,

Higher Education Department,

Fort St.George, Chennai - 600 009.

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2.The Director of Technical Education,

53, Sardar Patel Road,

Guindy, Chennai - 600 025.

3.The Tamil Nadu Public Service Commission,

TNPSC Road, Broadway,

Chennai - 600 003.

4.The Government Polytechnic College,

Perundurai, Erode.

N.ANAND VENKATESH, J

gm

Writ Petition Nos.16169 and 19493 of 2024

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29.08.2024

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