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IN THE HIGH COURT OF MADRAS
V. BHARATHIDASAN, V. PARTHIBAN, JJ.
R. Boominathan and Ors. - Appellant
Versus
The Government of Tamil Nadu and Ors. - Respondent
W.P. Nos. 27127, 27156, 27225 of 2018, W.M.P. Nos. 31563, 31658, 31661 of 2018
Decided On : 27-02-2019
Constitution of India,1950 - Article 226 - State Judicial Service (Cadre and Recruitment) Rules 2007 - Appointment to post of Civil Judge - Claim right to be considered against their respective communal quota since admittedly they have been successful in earlier stage of selection and have reached stage of Viva-Voce Test - Tamil Nadu Public Service Commission hereinafter referred to as Commission has published a Notification calling for applications for appointment to post of Civil Judges in Tamil Nadu State Judicial Service in terms of Tamil Nadu State Judicial Service Cadre and Recruitment Rules - In Notification as many vacancies were notified to be filled up against various categories as mentioned in Notification present Writ Petitioners have responded to Notification by submitting their applications - Writ Petitioner belong to Scheduled Caste category and Writ Petitioner belongs to BC category - All Writ Petitioners have uniformly indicated their application forms that they studied their basic courses in Tamil Medium -As per Notification of Commission selection consists of three stages - Preliminary Examination Objective Type OMR Method Main Examination Descriptive Type Viva-Voce Test –Held, Course in Tamil Medium in Law Colleges in State of Tamil Nadu - Although admittedly itself nevertheless persons who were in helm of affairs were unsure as to whether factually there were Tamil Medium classes conducted in furtherance of said G.O there were other issued which speak about continuance of Tamil Medium of Instruction and reintroduction after gap of a period of time officials who are in administration of State Law Colleges are unable to bring forth any clinching material to apprise Court as what is actual reality respect of State Law Colleges including Madurai Law College in regard conduct of Tamil Medium Courses - On whole it appears that question of whether Tamil Medium of Instruction available Law Colleges in the State run by State Universities remain unanswered as on date nonetheless Courts were compelled to render decisions on basis of expediency with available materials Court to take call on issue reservation was earmarked for PSTM candidates by State of Tamil Nadu therefore every selection which involves participation law graduates from State of Tamil Nadu particularly from State Universities claim for PSTM status has to be recognized with fool-proof factual basis underlying such claim - In absence of such foolproof materials whenever a selection is made doors of this Court are being knocked by candidates concerned who are claiming PSTM status seeking direction to institutions in which they had studied for issuance of PSTM certificate - Courts while entertaining such Writ Petitions are literally called upon decide disputed questions of fact as whether Medium of Instruction Tamil was available in a particular Law College affiliated to State University - Courts cannot at every time embark upon a roving enquiry to find out whether particular State Law College has Tamil Medium of Instruction not order to avoid such uncertain contingency this Bench is of view that there required an authoritative pronouncement by a larger Bench of this Court only put an end to the legal and factual controversy that quite often arises for consideration by this Court –Order accordingly
ORDER :
V. PARTHIBAN, J.
1. All the above three Writ Petitions raise a common issue for consideration before this Bench as follows:
2. The facts and circumstances, necessitating the filing of the present Writ Petitions are briefly stated hereunder:
3. When the Writ Petitioners were called for Interview on various dates between 27.09.2018 and 5.10.2018, their Certificates were subjected to verification in support of their respective claims towards reservation. However, they were informed by the Commission that their candidature could not be considered against the vacancies earmarked for PSTM since no Certificates were produced by them to that effect. At this, the candidates informed the Commission through their representations that it was a fact that the Writ Petitioners have written the examinations in Tamil only for all the years and they were successful and obtained their Law Degrees. Therefore, they have indicated in their respective applications that they studied in Tamil Medium, with a bona fide belief and impression that studying the course and writing the examinations in Tamil Medium would mean and equivalent to studying in Tamil Medium of Instruction. When these Writ Petitioners were informed that unless the Certificates by the competent authority were produced certifying that they studied in the Tamil Medium of Instruc
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