IMPORTANT POINT
Eligibility for PSTM certification can be established through examination performance in Tamil, despite the absence of formal records.

ORDER :

(Anita Sumanth, J.) :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to consider the representation dated 27/07/2023 in accordance with law.)

The petitioner had completed her 10th standard from SP Girls Higher Secondary School, Villivakkam on 17.06.1995 and 12th standard from Singaram Pillal Girls Higher Secondary School on 23.05.1997. She enrolled for an Under Graduate degree in Law in the Dr.Ambedkar Law College, Puthupakkam in the same year.

2. The prayer in this writ petition is for a mandamus directing the respondents to consider her representation dated 27.07.2023. In that representation, she seeks issuance of a ‘Person who studied in Tamil medium’ (PSTM) Certificate i.e., a certificate attesting to the fact that she had studied the course during the period 1997-2002, in Tamil.

3. The raison d’être of such certification is to support students who had studied Law in Tamil medium. Effective 30.09.2010 a separate quota has been offered in the Tamil Nadu Public Service Examinations conducted by the State. The petitioner is an aspirant for Judicial Service and there is a 20% reservation for those candidates who had studied in Tamil medium. Hence her request.

4. At the outset Mr.D.Ravichander, learned SGP, who accepts notice for R1, being the Principal, Dr.Ambedkar Law College, draws attention to a communication in Na.Ka.No.1031/A4/2023 dated 08.08.2023, pointing out that R1 has rejected her request for PSTM Certificate on the ground that there are no records to indicate that any candidates in the 1997-2002 batch had opted for Tamil medium.

5. He would thus submit that the prayer has been rendered infructuous insofar as she only seeks a mandamus simplicitor directing disposal of her representation, which has been achieved by letter of R1 dated 08.08.2023.

6. Learned SGP is right to the extent that the representation has been addressed by letter dated 08.08.2023. However, the grievance under the representation has not really been resolved as the petitioner, in the writ affidavit has averred that she has, in fact, both studied the course and written all her examinations in Tamil. Those factual assertions have really not been addressed under letter dated 08.08.2023 and for that reason I believe that the grievance of the petitioner subsists, notwithstanding communication dated 08.08.2023.

7. After detailed deliberations with all learned counsel at the hearings held on 31.10.2023, 28.11.2023, 09.01.2024, 14.02.2024, 13.03.2023 and finally on 20.06.2024, the following facts emerge:-

(i) Admittedly, R1 Institution was under the academic control of the Madras University till 1996 and it is only from 1997 that it has come under the aegis of R2 University, which was established in that year.

(ii) The category of Tamil medium classes was started only in 1997 – 1998 for those students who were in the second year of the law course i.e., candidates who had joined the Law course in 1996 – 1997 and had already completed one year in English medium were given the option for PSTM in the second year of their course in the year 1997 – 1998;

(iii) The petitioner joined the Law course in 1997-1998;

(iv) According to respondents, no students of the 1997 – 1998 batch opted for Tamil.

(v) No records are available in this respect to support the petitioner’s averment that the classes were conducted in Tamil;

(vi) However, there is no dispute on the position that the petitioner has written all the semester examinations only in Tamil. Though no records are available, this position is not disputed by the respondents;

(vii)The Government Order under which the PSTM course was introduced has not been produced despite a specific direction to the respondents to do so. According to them, that G.O provided for a stipend to be given in addition to PSTM certification. Since their records do not indicate that any stipend has been given to her, it is presumed that she did not opt