W.P.No.3203 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2022

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

W.P.No.3203 of 2021

and

W.M.P.No.4805 of 2021

S.Arivuselvan

... Petitioner

Vs.

1.Tamil Nadu Public Service Commission,

Rep. by the Secretary,

TNPSC Road,

VOC Nagar, Park Town,

Chennai.

2.The Commissioner,

Department of Archaeology,

Government of Tamil Nadu,

Tamil Valarchi Valaagam,

Tamil Salai,

Chennai - 600 008.

3.K.Vasanthakumar

4.M.Suresh

5.R.Subhashini

... Respondents

PRAYER: Writ Petition has been filed under Article 226 of the

Constitution of India to issue a Writ of Certiorarified Mandamus, calling for

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W.P.No.3203 of 2021

records pertaining to the order Na.Ka.No.A1/6922/2014 dated 23.01.2021

read with the Selection Notification dated 16.12.2020 issued by the 1st

respondent, Quash the same to the extent they have selected and appointed

the respondents 3 to 5 as invalid and consequently direct the respondents to

select the petitioner to the post of Archaeological Officer under the MBC

category with all consequential benefits pursuant to the Advertisement

No.563 Notification No.33/2019 dated 28.11.2019 issued by the 1st

respondent.

For Petitioner

:

Ms.S.Meenakshi

For Respondents

:

Mr.Karthikrajan

Standing Counsel

for R1

Mr.L.S.M.Hasan Fizal

Additional Government Pleader

for R2

Mr.C.K.Chandrasekkar

for R3 to R5

ORDER

This Writ Petition has been filed challenging the selection notification

dated 16.12.2020 under which the private respondents have been declared to

be selected. The petitioner has challenged the impugned selection list on the

ground that the private respondents have not studied Tamil as one of the

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W.P.No.3203 of 2021

subjects in Degree course, which is a mandatory educational qualification

required for getting selected to the post of Archaeological Officer in the

Archaeology Department of the Government of Tamil Nadu.

2. According to the petitioner, the respective private respondents have

not studied Tamil as a language paper in their respective Degrees and

therefore, they are ineligible to get selected as Archaeological Officer in the

Archaeology Department as per the notification issued by the respondents

inviting candidates for selection.

3. A Counter Affidavit has been filed by the Tamil Nadu Public

Service Commission viz., the first respondent herein denying the allegations

of the petitioner. They would submit that the private respondents have

satisfied the educational requirements for being appointed as Archaeological

Officers as per the notification, as their medium of instruction in the

graduation level was Tamil.

4. The private respondents have also filed their separate counters

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W.P.No.3203 of 2021

before this Court, denying the contention of the petitioner and in particular,

they have highlighted the courses contained in the paper 'Art' through Tamil

Literature in paragraph No.9 which is extracted hereunder:

Sl.No.

Syllabus

1998 to

2013 (Non

Semester

Pattern)

2014

onwards

(Semester

Pattern)

1

Nedunelvaadai

Lines 72 - 130

Art

Through

Tamil

Literature

(TZD)

2

Maduraikanchi

Lines 351-370

3

Pattinapalai

Lines 142 - 157

Tamil

I

BTA/BTS/

BTP

1:1:01

4

Pari Paadal

Verses on Sevvel &

Thirumaal

5

Silappathigaram

Kunrak

Kurvak,Vettava

Vari, Aranketruk Khaadai

6

Naalayira

Divya

Prabandam

Periyazhvar Pasurangal

Tamil II

BTA/BTS/

BTP

2:1:08

7

Thevaarathil Appar

Pasurangal

Descriptions of different

temples and special features

of Murthys

8

Periya Puranam

Sivamoorthangal

9

Kalingathuparani

Natarajar,

Bichadanar,

Arthanaareswara,

Somaskandhar,

Kalasambara,

Dakshinamoorthi,

Sandikeswarar,

Possalar

Naayanar Verses Nos.1 - 11

Tamil III

BTA/BTS/

BTP

3:1:15

10

Kambha Ramayanam

Verse

No.1

Negerappadalam 13, 19, 23

- 30

11

Seevagasindhamani

Kaanthruvaththal

ayar