O R D E R

This writ petition is filed for issuance of a writ of Certiorarified Mandamus, to quash the oral test list published on 09.12.2019 for the posts included in Combined Civil Service-I Examination (Group-1 services)-2019 by 3rd respondent notification, dated 01.01.2019 and to direct the 3rd respondent to allow only the regular college students to avail the PSTM quota and publish the fresh oral test list and also to direct the 1st respondent to frame proper rules for PSTM quota and also the 2nd respondent in controlling universities to stop issuing PSTM certificates to correspondence course / Distance education within the stipulated time period.

2. The brief facts of the case are that the petitioner has done schooling only in Tamil Medium, studied computer science subject in Tamil medium. The petitioner completed B.Com., degree, M.Com., degree in Tamil medium and a 3 year BL degree (Regular) in Tamil medium and enrolled as advocate in the year 2017. The petitioner has also completed Diploma in Law of Taxation through Annamalai University. The 3rd respondent issued Notification No.01 of 2019, dated 01.01.2019, calling for applications for CCS-I Examination (Group-I Services) for the vacancy of 139 posts. Subsequently, the vacancy was increased to 181 posts. The petitioner applied through online. The petitioner has passed the preliminary exam and was allowed to write main examination. The 3rd respondent published list of candidates eligible for oral test on 09.12.2019 based on main written examination marks. In the said list, the petitioner's name was not included.

3.The contention of the petitioner is even though the petitioner has done the examination well, the petitioner was not selected even under PSTM reservation. The petitioner has completed B.Com., B.L., and Diploma in Law of Taxation. Since the TNPSC notification states that preference would be given to candidates if they possess degree in same subjects, the petitioner is having degree in same subject and hence the petitioner is eligible to be posted in the post of Commercial Tax Officer (CTO). Moreover the respondents have granted 20% reservation for the persons who have studied in Tamil Medium based on the “Persons studied in Tamil Medium Rules, 2010”, since the said rules clearly states “Tamil Medium Instruction”. Hence the correspondence course PSTM certificates are not eligible under the said Rules. However there is no proper instructions in this regard, hence the second respondent Universities are issuing PSTM certificates indiscriminately. Certain candidates in order to occupy the PSTM reservation are applying the degree course in Tamil medium but they have completed the other degrees in regular course in English medium. Hence, the reservation granted to the Tamil medium students are being occupied by ineligible candidates. Hence, the petitioner submitted a representation dated 09.03.2019 and 08.06.2019 to the Government regarding the malpractice. The petitioner has also sought information under the Right to Information Act but the respondents have not produced proper information. In spite of several complaints to various authorities through various channels, the respondents have not considered the same. Hence, left with no other option, the petitioner has filed this writ petition.

4. The 3rd respondent had filed counter affidavit stating that as per para

6(B) of TNPSC’s Notification, the prescribed qualification for the said recruitment is that the candidate should possess a degree of any university incorporated by an Act of Central or State Legislature in India or any other educational institution especially by an Act of Parliament or declared to be deemed as University under Section 3 of University Grants Commission Act, 1956. Hence, the candidates should pursue the prescribed educational qualification (any degree) in Tamil medium have been taken into consideration for vacancies earmarked for the PSTM category. Moreover, under para 2(d) of the Tamil Nadu Ap