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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Subbiah, C.V. Karthikeyan, C. Saravanan, JJ.
R. Boominathan & Others - Petitioner
Versus
The Government of Tamil Nadu represented by its Secretary Home Department Secretariat, Fort St. George Chennai & Others - Respondent
Writ Petition Nos. 27127, 27156, 27225 of 2018 & 5397 of 2019
Decided On : 27-09-2019
Constitution of India - Article 226 - quash the same as illegal - challenging the order declining – jurisdiction - Whether the Tamil Medium of Instruction is in vogue and is available in law colleges run by the State Universities and if available, from what period the courses have been commenced in Tamil Medium and whether the same has been continuing uninterruptedly upto which period? If Tamil Medium of Instruction is available, factually which are the Law Colleges run by the State Universities conducting the Law Course in Tamil as Medium of Instruction - Persons Studied in Tamil Medium" (in short PSTM) and the petitioner has also given such an undertaking. It is the specific assertion of the petitioner that he is not claiming any benefit as PSTM candidate. However, since the petitioner had written his degree examinations in Tamil and also filled up the applications for selection to the post of Civil Judge in Tamil, the second respondent had misunderstood as if the petitioner is laying a claim for selection to the post of Civil Judge under PSTM category, but the fact remains that the petitioner is seeking his selection only on the basis of the communal category to which he belongs to namely Schedule Caste. – Held, A person who studied the Course in Tamil or had written the University or Competitive examination in Tamil will not ipso facto recognise or qualify him or her to claim reservation under Persons Studied in Tamil Medium (PSTM) category - Even though a person opted for Tamil as Medium of Instructions in the Colleges or studied the Courses in Tamil or written examinations in Tamil, in the absence of a certificate issued by the Registrar/Principal or Head of the Institution in the prescribed format stating that he or she pursued the education in Tamil as Medium of Instruction throughout, he or she cannot be placed on par with PSTM Candidates for the purpose of claiming reservation under the preference quote - Tamil, as Medium of Instruction, is not in vogue in certain colleges, or rather to say, Law Degrees are not imparted in Tamil as a Medium of Instructions. Only in few colleges, Law Degrees are imparted in Tamil as Medium of Instructions and in some other colleges, it is being imparted intermittently. Only if a student pursued the entire Course in Tamil and obtained a Certificate to that effect from the head of the institution/Registrar or Principal of the College, will he or she be declared as the one who is eligible to claim preference in public employment under PSTM category. As on date, Law Colleges at Chennai, Madurai, Coimbatore, Tiruchirapalli, Tirunelveli and Chengalpattu are imparting the courses in Tamil as medium of instruction, as could be evident from G.O. Ms. No.33, Law (LS) Department dated 31.01.2017 as well as the counter affidavit filed by Director of Legal Studies - For the purpose of recognising a candidate, within the realm of selection to employment in government services, under PSTM category, a candidate should have studied in Tamil as medium of instruction – Petition dismissed
ORDER :
R. Subbiah, J.
Prayer: WP No. 27127 of 2018:- Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings nil in respect of petitioner's Registration No. 020002091 dated 05.10.2018 passed by the second respondent herein and to quash the same and consequently direct the second respondent to declare the result of petitioner in respect of Petitioner's Registration No. 020002091.
WP No. 27156 of 2018:- Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondent to consider the petitioner under Non-PSTM candidature while deciding final selection list based on the over all marks secured by the petitioner in the Civil Judge examination 2018.
WP No. 27225 of 2018:- Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records in proceedings nil in respect of the Registration No.170002242, dated 05.10.2018, on the file of the second respondent and quash the same as illegal, incompetent and without jurisdiction and further direct the second respondent to declare the result of the petitioner.
WP No. 5397 of 2019:- Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents to issue "Person Studied in Tamil Medium (PSTM) Certificate" to the petitioner within a fixed time frame by considering the petitioner's representation dated 14.01.2019.)
Pursuant to the order dated 27.02.2019 passed by the Division Bench of this Court, allowing the aforesaid Writ Petitions, inter alia referring certain questions for consideration for an authoritative pronouncement, the Honourable Chief Justice has constituted this Full Bench for considering the below mentioned issues referred to therein:-
"(i) Whether studied the Course in Tamil and having written University examinations in Tamil language will qualify the candidate for claiming reservation against Persons Studied in Tamil Medium (PSTM)?
(II) In the absence of Tamil Medium of Instructions in the Colleges, whether the candidates studied the Courses in Tamil, or having written examinations in Tamil can be placed on par with PSTM Candidates for the purpose of claiming reservation earmarked for PSTM?
(iii) Whether the Tamil Medium of Instruction is in vogue and is available in law colleges run by the State Universities and if available, from what period the courses have been commenced in Tamil Medium and whether the same has been continuing uninterruptedly upto which period? If Tamil Medium of Instruction is available, factually which are the Law Colleges run by the State Universities conducting the Law Course in Tamil as Medium of Instruction?"
2. For the purpose of answering this reference, the factual background, based on which the writ petitions have been filed, has to be examined.
3. The Petitioner in WP No. 27127 of 2018 had completed his schooling during March 1996 and acquired a degree in B.Sc., Chemistry. Thereafter, he passed Degree of Bachelor of Law during May 2007 and enrolled his name as Advocate in the Bar Council of Tamil Nadu and Puducherry on 07.12.2007. While so, by notification No. 8 of 2018 dated 09.04.2018, the Tamil Nadu Public Service Commission (in short Commission) invited applications to fill up 320 vacancies to the post of Civil Judge. Pursuant to such notification, the petitioner submitted his application on 03.05.2018. The petitioner had come out successfully in both the Preliminary and main examination and he was called for an interview on 03.10.2018. At the time of interview, after verifying the testimonials submitted by him, the petitioner was called upon to give an undertaking to the effect that he is not claiming any benefit under "Persons Studied in Tamil Medium" (in short PSTM) and the petitioner has also given such an undertaking. It is the specific assertion
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