Madras High Court
M.P.Murugananthan vs The Teacher Recruitment Board on 13 August, 2018
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.21845 of 2018
and
W.M.P(MD)Nos.19768 to 19769 of 2018
M.P.Murugananthan .. Petitioner
Vs.
1.The Teacher Recruitment Board
College Road, Chennai – 600 006,
rep. by its Chairman.
2.P.Kumar,
Roll No.17ST32020992,
C/o.The Teacher Recruitment Board,
College Road, Chennai – 600 006.
3.K.Kesavan,
Roll No.17ST25020541,
The Teacher Recruitment Board,
College Road, Chennai – 600 006.
4.R.M.Chinthan,
Roll No.17ST25020580,
The Teacher Recruitment Board,
College Road, Chennai – 600 006.
5.T.Tamil Selvan,
Roll No.17ST02020055,
The Teacher Recruitment Board,
College Road, Chennai – 600 006. .. Respondents
http://www.judis.nic.in
2
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India praying for the issuance of a Writ of Certiorarified Mandamus
calling for the records relating to the impugned tentative provisional
selection list published by the first respondent dated 13.08.2018
and quash the same as illegal insofar as it relates to the petitioner's
non-inclusion is concerned and consequently direct the first
respondent to select the petitioner for the post of drawing teacher
and pass such further or other orders.
For Petitioner : Mr.M.Jerin Mathew
for Mr.M.E.Ilango
For Respondent No.1 : Mr.VR.Shanmuganathan,
Special Government Pleader.
ORDER
The writ petitioner herein seeks issuance of writ of certiorarified mandamus to call for the records pertaining to the Tentative Provisional Selection List released by the first respondent herein for the appointment to the post of Special Teacher (Drawing) in the Directorate of School Education.
2.According to the writ petitioner, he belongs to Scheduled Caste community and had studied in Tamil medium. He has completed SSLC, HSC and obtained Technical Education Higher Grade [Free Hand Outline and Model Drawing]. Further he is a Technical Teachers Certificate holder in Drawing. Besides holder of http://www.judis.nic.in 3 Bachelor of Fine Arts [BFA] degree, B.Lit [Tamil], M.A. [Tamil] and Tamil Pandit Training and now pursuing Ph.D.[Tamil]. When the Government went for recruiting Technical Teacher [Drawing] in the year 2010, his name was not considered. Hence, he approached the Principal Bench of this Court in W.P.No.29903 of 2010 to consider his candidature under the priority quota. The Principal Bench of this Court was pleased to direct the respondents to keep one post vacant. Later the said writ petition was dismissed on 28.11.2017 recording that the name of the petitioner will be considered in future if he found fit in the selection list. While so, the first respondent has invited application to fill up the posts of Special Teacher [Physical Education, Drawing, Music, Sewing] vide notification No.05/2017, dated 26.07.2017. Since he has studied all his courses in Tamil medium, he is entitled to be considered under the PSTM priority quota, besides communal reservation. In the written examination he secured 57 marks. He was called for certificate verification on 09.08.2018. Though he has furnished all the required certificates, his name was not included in the Tentative Provisional Selection List published by the first respondent on 13.08.2018. If his Employment Exchange seniority is taken into account and weightage of 5 marks is added, his aggregate mark will be 62. Since his date of birth is 01.01.1974, he should be placed http://www.judis.nic.in 4 above the respondents 2 to 5, who are younger to him in age and also secured less marks than him.
3.In the counter, the first respondent has submitted that the marks secured by the petitioner and the qualification claimed by the petitioner are not disputed. But his claim of being studied the qualifying examinations in Tamil medium has not been properly supported by the certificate in the prescribed format. Particularly his claim that the medium of instruction for Higher Grade [Free Hand Outline and Model Drawing] was Tamil, has not been certified by the Head of the institution. In the absence of furnishing certificate to prove his medium of instruction, the petitioner was not considered under the priority quota of PSTM. The respondents 2 to 5 have furnished necessary documents to prove their medium of instruction as Tamil. Therefore they were considered under the priority quota. The requisite qualification for the post of Special Teacher [Drawing] is passing SSLC, Higher Grade [Free Hand Outline and Model Drawing] and Technical Teachers Certificate. While the petitioner has submitted that he has undergone SSLC and Technical Teachers Certificate through Tamil Medium, there is no certificate to show that his medium of instruction for Higher Grade [Free Hand Outline and Model Drawing] is in Tamil. http://www.judis.nic.in 5
4.Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader representing the first respondent and perused the records.
5.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 :
http://www.judis.nic.in 7
6.On perusal of the affidavit and counter affidavit besides the typed-set of papers wherein the copies of documents relied by the petitioner are enclosed, this Court finds that the petitioner herein had undergone few of his courses in Tamil medium and few in English medium. The requisite qualification for the post of Technical Teacher [Drawing] is SSLC, Technical Teachers Certificate and Higher Grade [Free Hand Outline and Model Drawing]. In the notification, it is specifically stated that the person who claims priority quota under PSTM category should furnish certificate in the prescribed form and the model of which is extracted above. In the application form, the petitioner claims priority quota for PSTM. While he has furnished certificate in the prescribed form to show that his medium of instruction for Technical Teachers Certificate was Tamil, there is no similar certificate to show that he underwent the Higher Grade [Free Hand Outline and Model Drawing] course. As far as the Technical Teachers Certificate and Higher Grade [Free Hand Outline and Model Drawing] course are concerned, in the Employment Exchange card, the medium of instruction is not disclosed by the petitioner. Further along with his application, he has not furnished certificate in the prescribed form to show that he has undergone the Higher Grade [Free Hand Outline and Model Drawing] course in Tamil.
http://www.judis.nic.in 8
7.In the absence of the required certificate, the first respondent has rightly not considered him under the priority quota for PSTM. From the counter, it appears that the last candidate selected under Scheduled Caste [General Turn] has secured 64 marks whereas the petitioner herein has secured only 62 marks. Therefore, non-inclusion of his name in the Tentative Provisional Selection List is fully justifiable. Hence, this writ petition is dismissed. No order as to costs. Consequently, connected Miscellaneous Petitions are dismissed.
04.12.2018
Index : Yes / No
Internet : Yes / No
smn
To
The Chairman,
The Teacher Recruitment Board,
College Road, Chennai – 600 006.
http://www.judis.nic.in
9
DR.G.JAYACHANDRAN, J.
smn
ORDER MADE IN
W.P(MD)No.21845 of 2018
and
W.M.P(MD)Nos.19486 to 19489 of 2018
04.12.2018
http://www.judis.nic.in