Madras High Court
C.Selvakumar vs The State Of Tamil Nadu on 26 July, 2017
Author: G.Jayachandran
Bench: G.Jayachandran
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 22.11.2018
DELIVERED ON : 04.12.2018
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P(MD)No.21878 of 2018
and
W.M.P(MD)No.19814 of 2018
C.Selvakumar .. Petitioner
Vs.
1.The State of Tamil Nadu
rep. by its Secretary to Government,
School Education Department, Secretariat,
Fort St. George, Chennai.
2.The Chairman,
Teachers' Recruitment Board,
4th Floor, E.V.K.Sampath Building,
D.P.I. Campus, College Road,
Chennai – 600 006.
3.The Director of School Education,
D.P.I. Campus, College Road,
Chennai – 600 006. .. Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India praying for the issuance of a Writ of Mandamus directing the
respondents to include the name of the petitioner in the Tentative
Provisional Selection List of candidates published on 12.10.2018 for
the post of Special Teachers (Drawing Teacher) in the School
Education Department for the year 2012-2016 and consequently
directing the respondents to issue a fresh provisional list of
candidates including the name of the petitioner for the post of
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Drawing Teacher in School Education Department, Tamil Nadu for
the year 2012-2016 Recruitment and pass such further or other
orders.
For Petitioner : Mr.K.Suresh
For Respondents 1 and 3 : Mrs.S.Srimathy,
Special Government Pleader.
For Respondent No.2 : Mr.VR.Shanmuganathan,
Special Government Pleader.
ORDER
The writ petitioner herein aggrieved by non-inclusion of his name in the Tentative Provisional Selection List of candidates published on 12.10.2018 by the second respondent, has filed the present writ petition seeking writ of mandamus to direct the second respondent to include his name.
2.According to the writ petitioner, he had all qualifications for the post of Special Teacher [Drawing] and therefore applied in response to the notification issued by the second respondent dated 26.07.2017. Since he belongs to BC community and had studied requisite educational qualifications in Tamil medium, he is to be considered under the priority quota reserved for persons studied in Tamil medium. While so, he was not considered by the second respondent despite securing 57 marks in the written examination and eligible for additional 5 marks for his Employment Exchange seniority.
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3.According to the writ petitioner, he got his Higher Grade [Free Hand Outline and Model Drawing] certificate from the Department of Government Examinations. There is no necessity for a candidate to undergo any course of instruction from any institution. Therefore, there is no requirement of medium of instruction, since there is no theory examination. Hence, for want of certificate that he studied Higher Grade [Free Hand Outline and Model Drawing] in Tamil medium, his candidature under the Persons Studied in Tamil Medium [PSTM] priority quota has been rejected. The Department of Government Examination which has conducted the examination for Higher Grade [Free Hand Outline and Model Drawing] has stated that they do not have the practice of issuing certificate to the effect that whether the particular candidate belongs to Tamil medium or English medium. Therefore, the second respondent has to consider his candidature as Persons Studied in Tamil Medium. For the non-production of certificate, which is impossible to produce, the petitioner, cannot be disentitld to claim priority under PSTM quota.
4.In the counter, the second respondent has submitted that the contention of the petitioner that the Department of Technical Examinations is not in the habit of issuing PSTM certificate http://www.judis.nic.in 4 is correct. The second respondent during the certificate verification had directed the candidates to produce certificates from the institute through which they studied the course and not from the authority which has conducted the examination.
5.It is contended by the learned Special Government Pleader representing the second respondent that the spirit of providing priority for the students studied in Tamil medium is to encourage Tamil language. The medium of instruction is the criteria to decide whether the persons studied in Tamil medium. Therefore, if the petitioner has studied the Higher Grade [Free Hand Outline and Model Drawing] in Tamil medium, he could have submitted the certificate in the form prescribed, issued by the institution. The candidates who were considered under the priority quota of PSTM have all produced such certificates. Since the petitioner has not produced that certificate, he was not considered under the priority quota. While the petitioner has secured only 57 marks in the written examination and 5 additional marks for Employment Exchange seniority, the last candidate selected under BC [General Turn] had secured 64 marks. Therefore, the petitioner herein who has not secured the requisite marks for consideration, was not included in the Tentative Provisional Selection List. http://www.judis.nic.in 5
6.Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleaders representing the respondents and perused the records.
7.The relevant portion of the notification regarding educational qualifications and reservation for PSTM candidates are extracted below:
DRAWING 1.General Educational Qualification: S.S.L.C. TEACHER
2.Technical qualification:
(i) a.Degree with Drawing and Painting under Part III of a University in the State or its equivalent.
or b.Diploma in Painting or Diploma in Drawing of the Annamalai University.
or
ii)Diploma in Painting or Commercial Arts or Modeling of the Government College of Arts and Crafts;
or Government Technical Examinations (Higher Grade) in free hand outline and Model Drawing or Government Diploma in Drawing or a Certificate issued by the Tamil Nadu Institute of Architecture and Sculpture, Mamallapuram.
and
(iii)Technical Teachers Certificate.
Or
(iv) a.A Diploma in Fine Arts (5 Years Course) awarded by Director of Technical Education or b.A Bachelor Degree in Fine Arts awarded by the Madras University or Bharathidasan University.
http://www.judis.nic.in 6 9(c)Tamil Medium Study Certificate:
Candidate who claims reservation under PSTM category has to produce Tamil Medium Study Certificate in the prescribed format (Annexure – II).
Annexure II Tamil Medium: Persons Studied in Tamil Medium (PSTM) have to produce evidence, such as Transfer Certificate, Provisional Certificate / Degree Certificate / mark sheets received from the University or from the Institution, with a recording that he / she studied the prescribed educational Qualification in Tamil Medium. If no evidence for “Persons studied in Tamil Medium' is found in the above certificates, then a certificate from the Head of the Institution as given below must be furnished:-
PSTM Certificate (Model Format) (To be issued by the Head of Institution/Registrar/Principal) This is to certify that Thiru/Tmt/Selvi............................... has studied ............... in ............ subject during the years .......... to ......... in Tamil Medium. This certificate is issued after verifying the course content / Statement of Marks / Transfer Certificate.
Registrar/Principal/Head of the Institution Place :
Date :
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8.From the perusal of the records, this Court finds that the petitioner herein has made his application indicating that he has studied SSLC, HSc and Technical Teachers Certificate in Tamil medium, whereas for Higher Grade [Free Hand Outline and Model Drawing], he has not mentioned in the application that he has studied in Tamil medium. In the Employment Exchange card also there is no indication that the petitioner herein has obtained the Higher Grade [Free Hand Outline and Model Drawing] through Tamil as medium of instruction.
9.In the typed set of papers furnished by the second respondent, the second respondent has enclosed some of the certificates issued by the Drawing Institutes to the candidates to indicate that the candidates have studied their Higher Grade [Free Hand Outline and Model Drawing] in Tamil. While so, the contention of the petitioner herein that the said course is not a theoretical examination and therefore there cannot be any certificate for PSTM is not factually correct.
10.As pointed out by the learned Special Government Pleader, it is the medium of instruction which is to be certified and the institute which has instructed the petitioner could very well give http://www.judis.nic.in 8 the certificate and the said certificate is admissible. Since the petitioner has failed to produce that certificate as prescribed in the notification and the petitioner having failed to inform in his application that his medium of instruction for Higher Grade [Free Hand Outline and Model Drawing], the contention of the petitioner that his name should be included in the Tentative Provisional Selection List under the priority quota is unsustainable. Having failed to produce the requisite certificate, he can only be considered under the General Turn and the records reveal that the cut off mark for the General Turn is 64 whereas the petitioner has secured only 62 marks. Hence, this Court finds no merit in this writ petition and accordingly, this writ petition is dismissed. No order as to costs. Consequently, connected Miscellaneous Petition is dismissed.
04.12.2018
Index : Yes / No
Internet : Yes / No
smn
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To
1.The Secretary to Government,
School Education Department,
Government of Tamil Nadu,
Secretariat, Fort St. George,
Chennai.
2.The Chairman,
Teachers' Recruitment Board,
4th Floor, E.V.K.Sampath Building,
D.P.I. Campus, College Road,
Chennai – 600 006.
3.The Director of School Education,
D.P.I. Campus, College Road,
Chennai – 600 006.
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DR.G.JAYACHANDRAN, J.
smn
ORDER MADE IN
W.P(MD)No.21878 of 2018
and
W.M.P(MD)No.19814 of 2018
04.12.2018
http://www.judis.nic.in