Vacancies reserved for Tamil medium candidates must be filled by candidates from that category, and the Tamil Medium Act has primacy over subordinate legislation.

JUDGMENT :

R.SURESH KUMAR, J.

This Intra Court Appeal has been directed against the order passed by the writ court dated 15.07.2024 made in W.P.No.25228 of 2022.

2. The facts in nutshell which are to be noticed for the disposal of this writ appeal reads thus :

(i) that the first respondent, i.e., Teachers Recruitment Board in short "TRB" issued a Notification No.1/2021, dated 09.09.2021 inviting applications from the eligible candidates to fill up the post of Post Graduate Teachers in various subjects available in Government Schools. 69% Communal Reservation is to be followed in the Recruitment. PG Teachers vacancies for various subjects are notified to be filled up as per Government Order in G.O.Ms.No.110, School Education [SE2(1)] Department, dated 26.05.2017. 10% of the Post Graduate Assistant only in languages and academic subjects vacancies in School Education Department shall be reserved for the qualified secondary grade teachers and other teachers with secondary grade scale of pay working in Government Higher Secondary Schools, Government High Schools, recognised Higher Secondary Schools, High Schools, Middle Schools and Elementary Schools in the local bodies and all aided Managements. Therefore in each of the subject, 10% of the vacancies are reserved for inservice secondary grade teacher candidates, in short SGT candidates.

(ii) The two appellants have applied for the said recruitment under 10% quota earmarked for inservice SGT candidates. The first appellant belongs to Scheduled Caste and the second appellant belongs to the Backward Class.

(iii) Both have applied for PG Teacher History subject. The total vacancies available for PG Assistant 121 posts, therefore being 10%, 12 vacancies were earmarked for SGT candidates.

(iv) During the recruitment process, the two appellants since had not given any no objection certificate from the employer at the time of applying for the post of PG Assistant (History), the first respondent Board has considered them under SC General Turn and BC General Turn and not considered in 10% quota for SGT.

(v) During the recruitment process, the first appellant secured 93 marks and the second appellant secured 96 marks.

(vi) After completion of recruitment process, since the appellants did not reach the zone of consideration for selection, they have not been selected.

(vii) Only at that juncture, according to the appellants, since two vacancies earmarked specifically for SGT candidates in PG History have not been filled up for want of candidates as they were reserved for Tamil Medium candidates, in those two unfilled vacancies these two peoples who secured higher marks than the cut off mark ought to have been selected, Since they have not been selected, seeking for such selection, they approached this Court by filing writ petition praying for mandamus directing the first respondent to select the petitioners/appellants against unfilled two seats under the 10% quota available for the secondary grade teachers for the post of PG Assistant (History) based on the marks secured by the petitioners/appellants in the written examination.

(viii) The said writ petition was heard and decided through the impugned order, dated 15.07.2024 where the learned Judge having considered the factual matrix as well as the legal position has rejected the plea raised by the petitioners/appellants thereby dismissed the writ petition.

3. Assailing the said order in this Intra Court Appeal, Mrs.N.Kavitha Rameshwar, the learned counsel appearing for the appellants would contend that, insofar as the 10% quota specifically reserved for SGT candidates are concerned, 12 vacancies have been reserved for the SGT teachers in History subject. Out of the 12 vacancies reserved for 10% quota for SGT candidates, the 12 vacancies have been distributed among various communal categories, where, there were 4 vacancies reserved for Backward Class Tamil medium candidates, out of which, one seat is earmarked for SGT candidates. Like that, four vacancies