JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Ceriorarified Mandamus, calling for the records of the second respondent herein in Na.Ka.No.4480/R5/2018/18.07.2018 and to quash the same and consequently direct the respondents to consider the petitioner as a person who studied in Tamil Medium (PSTM) for the purpose of appointment to the post of P.G. Assistant (Commerce) and accordingly direct the respondent to select and appoint the petitioner to the post of P.G. Assistant (Commerce) with attendant monetary and service benefits.)

1. By consent of both the parties, this Writ Petition is heard through Video Conferencing on 28.07.2021.

2. Pursuant to the notification dated 09.05.2017, wherein the second respondent herein had invited applications for direct recruitment to the posts of PG Assistants/ Physical Education Directors Grade-I in the School Education and other Departments for the year 2016-17, the petitioner herein had participated in the selection process. Through the impugned order dated 18.07.2018, the petitioner's candidature was rejected, predominantly on the ground that the petitioner's claim for being considered under the “Persons Studied under Tamil Medium” (PSTM) category, was not feasible, since the PSTM certificate was issued to her only on 24.08.2017, which is after the date of notification i.e., on 09.05.2017. According to the second respondent, the candidates shall be required to possess all the relevant certificates, which are effective on the date of notification in order to qualify a candidate. This apart, the impugned order also makes a reference to the application made by the petitioner in the earlier recruitment process for the year 2014-15, wherein the petitioner had not claimed preference under PSTM category, thereby drawing an adverse inference. The respondents had placed reliance on Clause (4) of the notification r/w. Clause (3) of the general instructions to the candidates in the application and claim that inaccurate and incomplete applications are liable for rejection.

3. It is no doubt true that a candidate, aspiring for appointment in a selection process, is required to possess the minimum educational qualification apart from other requirements. In other words, the educational qualification obtained after the date of the notification for the selection process, would forthwith disqualify such a candidate.

4. In the present case, the petitioner possesses all the essential educational qualifications as on the date of the notification. The only disqualification cited by the second respondent is that her claim for priority under PSTM category cannot be considered since her PSTM certificate dated 24.08.2017 was obtained after the date of the notification i.e., on 09.05.2017.

5. The PSTM certificate is essentially a certificate verifying and authorizing that the candidate had undertaken Tamil as the medium of instruction in his/her academic course. Thus, if a candidate has undergone his or her Graduation or Post Graduation Course, with Tamil as the medium of instruction, such a fact is subsequently certified through the PSTM certificate. Effectively, the applicability and validity of such a certificate would relate back to the period during which the candidate had undertaken the course through Tamil medium.

6. In similar circumstances, when candidates who had relied upon degree certificates while participating in a selection process, which degree certificates were issued after the date of notification of the selection process and the recruitment agency had cited the degree certificate obtained after the date of notification as an embargo, an Hon'ble Division Bench of this Court in the case of The Director of Elementary Education, College Road, Chennai-6 and another Vs. K.Nedumaran passed in W.A.No.803 of 2013 dated 27.02.2015, had held that the passing of an examination would relate back to the date of examination and not the date of declaration of res