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2024 Supreme(Online)(MAD) 14677
HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
L.Logarajan – Appellant
Versus
THE CHIEF SECRETARY – Respondent
Candidates eligible for PSTM reservation must have studied in Tamil medium up to their prescribed qualifications, including those with incomplete early education through recognized modes.
Headnote:
Reservation - Eligibility - Tamilnadu Government Servants (Conditions of Service) Act, 2016 - Act 35 of 2020 - Summary: The court examined the eligibility criteria for candidates applying under the PSTM quota as specified in various government orders and acts, concluding that those who completed their education in Tamil medium from the 1st standard to their final qualification were entitled to benefit under the PSTM quota, thus modifying G.O.Ms.No.82.
Fact of the Case:
Petitioners challenged G.O.Ms.No.82 regarding eligibility for PSTM quota in civil service exams. One applicant studied 3rd to 12th grades in Tamil but completed earlier standards privately; the other studied in night schools due to family circumstances. Both were denied PSTM reservation.
Finding of the Court:
The court found that the government order was overly restrictive, conflicting with the intent of the PSTM Act. It distinguished between those who completed their entire education in Tamil from all required standards and those in night schools or through private study.
Issues: Whether the criteria set forth in G.O.Ms.No.82 for PSTM eligibility were compliant with the intent of the Tamilnadu Appointment on Preferential Basis for Persons Studied in Tamil Medium Act, 2010 and its amendments.
Ratio Decidendi: The court held that the G.O.Ms.No.82's requirement for uninterrupted Tamil medium education from 1st standard to the degree was too stringent. It ruled that candidates who had educational interruptions but completed their qualifications in Tamil medium were eligible for the PSTM quota.
Final Decision: The court allowed both writ petitions and instructed the inclusion of the petitioners for the main examination under the PSTM quota.
COMMON ORDER
These writ petitions have been filed challenging the order in G.O.Ms.No.82, Human Resources Management (S) Department dated 16.08.2021 and consequent notification for direct recruitment to the vacancies to the post included in the Combined Civil Services Examination (Group-I Services).
2. The brief facts of the case in W.P.No.4129 of 2022 is that the petitioner had begun his institutional education viz., Kattakudi, Panchayat Union Elementary School, Needamangalam Panchayat Union, Tamilnadu from 3rd Std after completion of his 1st and 2nd Standard through Private Study Mode. His tutor, one, Mr.E.S.Natarajan, retired Headmaster also issued certificate to the extent that the petitioner was fit to be admitted to third standard. Thereafter, the petitioner admitted into 3rd standard directly in the Tamil Medium of instructions. After completion of his school Education up to 12th Standard in the Tamil Medium of instructions, the petitioner had joined in the College of Engineering, Guindy Campus, Anna University and acquired a degree in B.E., Civil Engineering during the year 2014-2018 in Tamil as the medium of instruction. While being so, the 2nd respondent issued notification dated 20.01.2020 inviting applications form eligible candidates for direct recruitment to the post included in the combined Civil Service-I Examination (Group-I Services) 2019-2020. As per notification, approximately 69 vacancies were notified to be filled up against various categories. The petitioner had applied for the said post through online mode.
2.1. As per notification, the 2nd respondent has provided Clause
6(B) in so far as requisite educational qualification that applicant should possess degree in any of the universities mentioned in the notification by passing 10th standard + HSC or its equivalent + UG degree from recognized institutions as required under section 25 of Tamilnadu Government Servants (Conditions of Service) Act, 2016. The selection process consists of three stages i.e., preliminary examination, main written examination an oral test in the form of interview. Due to Covid-19 pandemic the preliminary examination was postponed from time to time and finally held on 03.01.2021. As per Clause 12(B) says that 20% reservation of vacancies on preferential allotment to the Persons Studied in Tamil Medium (hereinafter referred as PSTM) as per G.O.Ms.No.145, Personnel and Administrative Reforms (S) Department dated 30.09.2010 and G.O.Ms.No.40, Personnel and Administrative Reforms dated 30.04.2014. The petitioner had cleared Preliminary Examination and paid requisite fees for the main examination.
2.2. While being so, two candidates had challenged the notification and they prayed to allow only candidates those who have completed their entire education through Tamil Medium to avail the PSTM Quota. The Hon'ble Division Bench of this Court held that only those candidates who completed their entire education right from schooling up to the prescribed qualification either Degree, Diploma or Post Graduation, in Tamil Medium alone are entitled to avail the benefit of 20% reservation under PSTM quota. Based on which the first respondent passed order in G.O.Ms.No.82, Human Resources Management Department dated 16.08.2021, thereby several guidelines were issued to determine the eligibility of candidates for 20% of reservation of vacancies on preferential allotment in service under the PSTM quota under the State to Persons Studied in Tamil Medium Act, 2010 and the subsequent amendment to the said Act vide Act No.35 of 2020. Accordingly, the following guidelines were issued :
''a. Only candidates who have studied in Tamil as medium of instruction from 1st Standard to the prescribed educational qualification for that particular post will be eligible for 20% reservation of vacancies on preferential allotment in services under the State as per the PSTM Act.
b. Candidates who have studied in other languages as Medium of instruction and have written the examin
