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2021 Supreme(Online)(MAD) 14377

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2021 CORAM THE HONOURABLE MR.JUSTICE N. KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B. PUGALENDHI W.P. (MD) No.8025 of 2020 and W.M.P.(MD) Nos.7454 to 7456 of 2020 G. Sakthi Rao ..Petitioner Vs.

1. The Chief Secretary, Government of Tamil Nadu, Secretariat, St. George Fort, Chennai – 600 009.

2. The Secretary, Department of Higher Education, Government of Tamil Nadu, Secretariat, St. George Fort, Chennai – 600 009.

3. The Secretary, Tamilnadu Public Service Commission, TNPSC Road, Park Town, Chennai – 600 003.

4. The Registrar, Alagappa University, Alagappa Nagar, Karaikudi – 630 003.

5. The Registrar, Annamalai University, Annamalainagar, Chidambaram – 608 002.

6. The Registrar, Bharathiar University, Coimbatore – 641 046.

7. The Registrar, Bharathidasan University, Tiruchirappalli – 620 024.

8. The Registrar, Madras University, Chennai – 600 005.

9. The Registrar, Madurai Kamraj University, Madurai – 625 021. 10. The Registrar, Manonmaniam Sundarnar University, Thirunelveli – 627 012.

11. The Registrar, Mother Teresa Women's University, Kodaikanal – 624 102.

12. The Registrar, Periyar University, Salem – 636 011.

13. The Registrar, Tamil Nadu Open University, Directorate of Technical Education Campus, Guindy, Chennai 600 025.

14. The Chairman, University Grants Commission, Bahadur Shah Zafar Marg, Delhi – 110 002.

15. The Secretary to His Excellency, The Governor of Tamil Nadu, Raj Bhavan, Chennai – 600 022.

(R15 is suo motu impleaded vide Court order dated 04.12.2020 in WP(MD) No. 8025/2020 by NKKJ and BPJ)

16. The Director of Vigilance and Anti-

Corruption, No. 293, MKN Road, Alandur, Chennai 600 016.

17. The Deputy Superintendent of Police, Vigilance and Anti Corruption, 1/165G, Alagar Kovil Main Road, Madurai 625 002.

18. The Secretary, School Education Department, Namakkal Kavignar Maligai, Fort St. George, Chennai – 600 009.

(R16 to R18 are suo motu impleaded vide Court order dated 16.12.2020 in WP (MD)

No. 8025/2020 by NKKJ and BPJ) ..Respondents Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Certiorarified Mandamus to call for the entire records of the 3rd respondent pertaining to the posts of included in Combined Civil Service I Examination (Group I Services) – 2020 by 3rd respondent notification No: 01/2020 dated 20.01.2020 and quash the same as illegal and direct the 3rd respondent to allow only the candidates those who have completed their entire education i.e, 10th std, 12th std, Degree through Tamil Medium to avail PSTM quota and also directing the 1st respondent to frame proper rules for PSTM quota, and respondent Universities 4 to 13 to stop issuing of PSTM certificates to Distance Education course within the stipulated time period.

For Petitioner :: Mr.G. Sakthi Rao, Party-in-person For Respondents :: Mr.K. Chellapandian, Addl. Advocate General assisted by Mrs. J. Padmavathi Devi, Special Govt. Pleader for R1 and R2 Mr.K.K. Senthil for R3 Mr.Isaac Mohanlal Senior Counsel for R4, R5, R9 and R12 Mr.V.R. Shanmuganathan for R7 *****

O R D E R

N. KIRUBAKARAN, J.

"Tamil is the oldest language.

It is older than Sanskrit and is beautiful.

I can only say "Vanakkam" and I regret I cannot go beyond this"

said Prime Minister Narendra Modi while addressing a group of school students at "Pariksha Pe Charcha Programme" in Talkatora Indoor Stadium, New Delhi, in February, 2018. It is not only the Hon'ble Prime Minister, but Indologists are also of the opinion that Tamil is one of the ancient languages in the world having literary history of more than 2500 years. Though Prakrit language of "Ashokan Edicts" which is stated to be third century BC dated from 268 BC to 232 BC is considered to be oldest in India, it is scientifically proved by carbon dating from the samples of potsherds inscribed with Tamil letters taken from Keezhadi, Porunthal, Alagankulam and Kodumanal that Tamil is one of the ancient languages of the World and the most ancient language of India. The samples of potsherds which contain Tamil alphabets taken from Kodumanal date back to fifth century BC dated 480 BC. Similarly, samples taken from Keezhadi would prove that Tamil language has been in existence as language of people since 6th century dated 580 BC. Pottery samples with Tamil letters from Porunthal indicate the age as 6th century dated 520 BC. Apart from scientific proof, epigraphic inscriptions which have been found throughout the world, especially in India, establish that Tamil is a language that is used invariably in stone inscriptions. In Pan India, Tamil inscriptions which date back upto 3rd century BCE are the highest even as per the statement of the Archaeological Survey of India. Sangam literature of Tamil language also record the antiquity of the language.

2. The samples of potsherds with Tamil letters not only prove the antiquity of Tamil language, but would also prove the educated masses, who were living at that time and the language, was also, by that time, enriched and known to masses and not confined to royal charts or royal courtiers as found in respect of other languages. Tamil language has been passed on for generations together for the past more than 2600 years. However, as on date, it faces bleak future. The interest to learn the language is shockingly declining and the students undergoing studies in Tamil medium is sharply decreasing among the masses and the parents are interested in admitting their wards only in English medium, ignoring mother tongue, Tamil language. Though studying in English medium is justified for various reasons including employment, students are not even willing to choose Tamil as their second language in school and instead, they opt for Hindi, Sanskrit, French, German, etc. Consequently, children are not able to have any basic knowledge in their mother tongue. It is not only the position in Tamil Nadu, similar situation exists in other States wherein the language of States are not learnt by younger generation. Any child is entitled to study and learn through his/her mother tongue and it is the duty of every State to see that the children of the State are given knowledge in their mother tongue, as otherwise, other than English and a few other preferred languages, all other languages would become extinct and vanish from usage.

3. Every language is considered to be God's language or People's language. Unless the children are made to study through their respective mother tongue, the languages cannot survive and cannot be passed onto future generations. That is the reason, why UNESCO is celebrating "International Mother Language Day" on 21st February to promote cultural diversity and to promote multilingualism. Mother Language Day is part of larger attempt to promote the preservation and protection of all languages used by people of the World. One can prefer to study in English or in any other language, but the child should also be made to learn its mother tongue whether it is Telugu, Tamil, Gujarathi or Bengali. The best way to preserve or make alive the lang

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