IMPORTANT POINT
Candidates must have studied in Tamil medium throughout their education to qualify for PSTM reservation, regardless of the medium of instruction for their diploma.

ORDER :

1. 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 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 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