Madras High Court
A.Anbalagan vs The State Of Tamil Nadu on 19 September, 2022
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.P.(MD)NO.177 OF 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.09.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.177 of 2020 and
W.M.P.(MD)Nos.108 to 111 of 2020
A.Anbalagan ... Petitioner
Vs.
1. The State of Tamil Nadu,
Rep. by its Secretary,
Personal and Administrative Reforms Department,
Fort St. George, Chennai – 600 009.
2. The Chairman,
Tamil Nadu Public Service Commission,
VOC Nagar, Park Town,
Chennai – 600 003.
3. The Secretary,
Tamil Nadu Public Service Commission,
VOC Nagar, Park Town,
Chennai – 600 003. ... Respondents
Prayer: Writ petition is filed under Article 226 of the
Constitution of India, to issue a Writ of Certiorarified
Mandamus, to call for the records pertaining to the impugned
ranking list published by the third respondent dated
31.12.2019 relating to the publication of the result for posts
included in CCS-I examination (Group-I service) and quash the
same in so far as it does not follow the established procedures
in reservation of person studied in Tamil Medium (PSTM
https://www.mhc.tn.gov.in/judis
1/17
2 W.P.(MD)NO.177 OF 2020
category) and consequently direct the respondents to appoint
the petitioner in anyone of the vacancy arose in CCS-I
examination (Group-I Service) post based on the preferential
reservation under the person studied in Tamil medium
category and for other reliefs.
For Petitioner : Mr.N.Dilipkumar,
for Mr.B.Arun.
For R-1 : Mr.A.K.Manikkam,
Special Government Pleader.
For R-2 & R-3 : Mr.J.Anand Kumar,
Standing Counsel.
***
ORDER
Heard the learned counsel on either side.
2. The writ petitioner belongs to backward class community. He is a Government employee working in Group-II post. He applied in response to the Notification No.01 of 2019 issued by the Tamil Nadu Public Service Commission calling for applications from the eligible candidates to fill up Group-I posts in CCS-I examination. The petitioner claimed that he comes under what is known as PSTM category. The petitioner https://www.mhc.tn.gov.in/judis 2/17 3 W.P.(MD)NO.177 OF 2020 was however not selected. The notification was issued on 01.01.2019. Final selection list was issued on 31.12.2019. The present writ petition was filed on 02.01.2020.
3. The core contention urged by the writ petitioner is that not showing his name in the PSTM list drawn by the Tamil Nadu Public Service Commission was improper. According to the petitioner, the recruiting agency had considered even those who had not done their schooling in Tamil also under PSTM category. The petitioner had done his entire schooling including 10th standard and 12th standard and also his graduation only in Tamil medium. His grievance is that on account of the inclusion of ineligible candidates in the 20% preferential quota, the petitioner was downgraded in the list. He wants this Court to quash the entire selection list.
4. The respondents have filed a detailed counter affidavit. The learned Standing counsel appearing for Tamil Nadu Public Service Commission took me through the averments set out therein. According to the learned counsel, the issue raised in the writ petition is no longer res integra. https://www.mhc.tn.gov.in/judis 3/17 4 W.P.(MD)NO.177 OF 2020 He placed reliance on the order dated 22.02.2022 made in W.P.(MD)No.3302 of 2022 (M.Prakash V. The Secretary, Department of Higher Education, Government of Tamil Nadu, Secretariat, Chennai), order dated 20.12.2019 made in W.P.No.35055 of 2019 (M.Arulsubaram V. Tamil Nadu Public Service Commission, Rep. By its Secretary, Chennai) and the order dated 31.03.2022 made in W.P.No.1439 of 2022 ( K.Gomathi V. The State of Tamil Nadu, Rep. by its Secretary to Government, Higher Education Department, Chennai). The learned counsel submitted that the Tamil Nadu Appointment on preferential basis in the Services under the State of Persons Studied in Tamil Medium Act, 2010 was amended vide Tamil Nadu Act No.35 of 2020. The impugned selection process took place before the amendment Act was brought into force. Therefore, looked at from that prospective, the present writ petition will have to be dismissed. The learned Special Government Pleader appearing for the first respondent as well as the learned Standing counsel appearing for Tamil Nadu Public Service Commission would submit that the selected candidates have not been https://www.mhc.tn.gov.in/judis 4/17 5 W.P.(MD)NO.177 OF 2020 impleaded as parties and they pressed for dismissal of the writ petition.
5. I carefully considered the rival contentions and went through the materials on record.
6. It is not is dispute that the writ petitioner comes under PSTM category. The Tamil Nadu Act No.40 of 2010 was introduced into the statute book and promulgated, in order to provide preferential appointment to the persons who studied in Tamil medium. Section 2(d) of the said Act is as follows:-
“ ' person studied in Tamil medium' means a person who have obtained the educational qualification prescribed for direct recruitment in the rules or regulations or orders applicable to any appointment in the services under the State through Tamil medium of instruction.”
7. The question arose whether the aforesaid definition would include only those who did their schooling in Tamil medium or whether it can also include those who have obtained the requisite qualification through Tamil medium of https://www.mhc.tn.gov.in/judis 5/17 6 W.P.(MD)NO.177 OF 2020 instruction. This issue was answered by a learned Judge of this Court vide order dated 20.12.2019 made in W.P.No.35055 of 2019 (M.Arulsubaram V. Tamil Nadu Public Service Commission, Rep. By its Secretary, Chennai) as follows:-
“ 10. A combined reading of the object of the Act and the definition clearly shows that preference in appointment is given to those candidates who have obtained the educational qualification prescribed for direct recruitment through Tamil medium of instruction. There is absolutely no insistence in the entire Act, that a candidate should have gone through the entire education right from the beginning only in Tamil medium. It will not be possible to read into the Act, such an expanded version as attempted to be projected by the learned counsel for the petitioner. It will be normally found that only those persons who had undergone their education in Tamil medium in School, will only prefer to do the U.G or P.G course in Tamil medium. It will be an arduous task to undergo an U.G or P.G course directly in https://www.mhc.tn.gov.in/judis 6/17 7 W.P.(MD)NO.177 OF 2020 Tamil medium without having the basic exposure in those subjects through Tamil medium while studying 10th or 12th standard. It will also be very difficult for the Public Service Commission to scrutinise for every candidate and find out if they have undergone their education only in Tamil medium right through. This will make the process of selection very complicated.
11.The insistence made under the Act is to only see if the candidate who applies for the direct appointment, has obtained the educational qualification prescribed by the notification through Tamil medium of instruction. Therefore, it is enough if the Tamil Nadu Public Service Commission satisfy themselves that the prescribed educational qualification was acquired by the candidate through Tamil medium of instruction.
The stand taken by the Tamil Nadu Public Service Commission is well within the scope of the PSTM Act, 2010.” https://www.mhc.tn.gov.in/judis 7/17 8 W.P.(MD)NO.177 OF 2020
8. In fact the said writ petition pertained to the impugned selection process. The orders relied on by the learned Standing counsel are also on the same lines. In normal circumstances, I ought to have straightaway non-suited the writ petitioner by referring the aforesaid decisions.
9. However the Tamil Nadu Act No.40 of 2010 was amended by the Tamil Nadu Act No.35 of 2020. The following explanation was added:-
“ Explanation – For the purpose of this clause -
(i) in cases, where SSLC is prescribed as the educational qualification, one shall have studied upto SSLC through Tamil medium of instruction;
(ii) in cases, where a Higher Secondary Course is prescribed as the educational qualification, one shall have studied SSLC and the Higher Secondary Course through Tamil medium of instruction.
(iii) in cases, where a diploma is https://www.mhc.tn.gov.in/judis 8/17 9 W.P.(MD)NO.177 OF 2020 prescribed as the educational qualification, one shall have studied SSLC and the diploma through Tamil medium of instruction or if the diploma is obtained after completion of Higher Secondary Course then one shall have studied SSLC, Higher Secondary Course and the diploma through Tamil medium of instruction.
(iv) in cases, where a degree is prescribed as the educational qualification, one shall have studied SSLC, Higher Secondary Course and the degree through Tamil medium of instruction.
(v) in cases, where a post-graduate degree is prescribed as the educational qualification, one shall have studied SSLC, Higher Secondary Course, degree and the post-graduate degree through Tamil medium of instruction.” Even before the amendment came into force, this issue was the subject matter of Public Interest Litigation in W.P.(MD) No.8025 of 2020. The Hon'ble Division Bench vide Order dated 22.03.2021 held as follows:-
“ 16. A close scrutiny of the reasons and https://www.mhc.tn.gov.in/judis 9/17 10 W.P.(MD)NO.177 OF 2020 objects of the Act would reveal that it is only to create a conducive environment for the populace to prefer Tamil Medium of instruction at all levels of education. The terms employed "at all levels of education" mean right from schooling upto the prescribed qualification for the appointment whether it is SSLC or HSC, Diploma/Degree or Post Graduate Degree. Further it is stated "to pursue school and college career through Tamil Medium". Therefore, it can be safely concluded that the object of the Act is only to make children to study through Tamil Medium at all levels of education viz., entire school and college education and to avail the benefits under 20% reservation under PSTM.
17. It is the petitioner's contention that to avail the preferential treatment of 20% reservation under PSTM Act, one should have undergone Tamil Medium study right from schooling upto the prescribed qualification for the post. He would submit that for Group I service, the desirable https://www.mhc.tn.gov.in/judis 10/17 11 W.P.(MD)NO.177 OF 2020 educational qualification is a Degree. According to him, it means that any candidate who wishes to avail the benefit of 20% under PSTM Act should have undergone study in Tamil Medium right from I standard to the prescribed degree qualification and that is the intention of the legislature.
18. The contention of the petitioner has to be accepted. The object of the Act is to encourage people to study through Tamil Medium by giving a benefit by means of the provision of 20% reservation. Obtaining the educational qualification prescribed for the post through Tamil Medium of instruction means that one should have studied the entire schooling as well as the Degree or other prescribed qualification only through Tamil Medium. Getting a degree is linked to school studies. Without school studies, one cannot acquire prescribed qualification. If the term "persons studied in Tamil medium" is interpreted as persons who got prescribed qualification alone in Tamil medium, such interpretation would https://www.mhc.tn.gov.in/judis 11/17 12 W.P.(MD)NO.177 OF 2020 frustrate the very object of the Act. One cannot, without basic study, join the course for acquiring the prescribed qualification for the post.
...
35.The aforesaid amendment is in consonance with the interpretation given by this Court with regard to "the persons studied in Tamil medium" as stated in unamended Section 2(d) of the Act. Therefore, even as per the original Act, there is no confusion with regard to the intention of the Legislature and it is only on a narrow interpretation given by some of the parties, the benefits have been obtained unjustifiably by undeserving candidates who studied in Medium other than Tamil Medium and artificially complied with by obtaining degree alone in Tamil Medium. The amendment regarding "Persons studied in Tamil Medium" only gives clarity. It does not introduce anything new. The original act as clarified by the amendment also supports the contentions of the Petitioner. Therefore, the https://www.mhc.tn.gov.in/judis 12/17 13 W.P.(MD)NO.177 OF 2020 impugned notification is in consonance with the interpretation given by this Court namely,
(i) Persons who complete their entire education in Tamil medium upto the prescribed qualification alone viz., right from first standard upto SSLC, HSC, Degree or Diploma or Post Graduation Degree are entitled to the benefit under the PSTM Act.
(ii) Candidates, who artificially tried to comply with the provisions by obtaining the prescribed qualification alone in Tamil Medium namely, degree are not entitled to be selected.
(iii) 20% PSTM reservation shall be
applied at every stage namely, written
examination, interview, as well as final stage of recruitment process.”
10. It is well settled that the decision of the Court will have retrospective application while any legislation will have only prospective application unless specifically made retrospective. Therefore, there is no merit in the contention https://www.mhc.tn.gov.in/judis 13/17 14 W.P.(MD)NO.177 OF 2020 of the learned counsel appearing for the respondents that the judgment passed by the Hon'ble Division Bench of Madras High Court in W.P.No.8025 of 2020 (G.Sakthi Rao V. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai and Others) vide Order dated 22.03.2021 cannot be applied to the impugned selection which had taken place prior to the amendment Act. The Hon'ble Division Bench clarified that the Amendment Act is only explanatory in nature and that interpretation placed by them would apply even to the unamended provision also.
11. I therefore have no hesitation to endorse the stand of the learned counsel appearing for the writ petitioner that the judgment of the Hon'ble Division Bench will apply to the case on hand. It is true that the petitioner has not impleaded the successful candidates. On that ground I am not inclined to non-suit the petitioner. When the Teachers Recruitment Board failed to place the meritorious candidates belonging to reserved category in the open quota, the entire selection process was set aside. A learned Judge of this Court vide Order dated 19.03.2020 made in W.P.No.419 of 2020 https://www.mhc.tn.gov.in/judis 14/17 15 W.P.(MD)NO.177 OF 2020 held that the writ petition cannot be dismissed for non-joinder of the selected candidates. Writ appeal was dismissed and ultimately the Hon'ble Apex Court also confirmed the order vide decision reported in (2021) 4 SCC 686 ( The State of Tamil Nadu and Ors. Vs. K. Shobana and Ors. ).
12. The only point that has to be seen is whether PSTM was correctly drawn in the light of the order passed by the Hon'ble Division Bench in W.P.(MD)No.8025 of 2020. I have come to the conclusion that the drawal of the list was improper. Therefore, I have no hesitation to grant relief to the writ petitioner. I however refrained from quashing the entire selection list at the instance of a solitary candidate. The Tamil Nadu Public Service Commission shall prepare a notional list of PSTM candidates at the final stage of the impugned selection process by applying the yardstick set out in W.P. No.8025 of 2020. If the petitioner falls within the zone of consideration, he shall be issued with an order of appointment. It is for the respondents to accommodate the petitioner appropriately. This writ petition stands allowed on these terms. This exercise will be completed within a period of https://www.mhc.tn.gov.in/judis 15/17 16 W.P.(MD)NO.177 OF 2020 twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.
19.09.2022
Index : Yes / No
Internet : Yes/ No
PMU
To:
1. The Secretary,
Personal and Administrative Reforms Department, Fort St. George, Chennai – 600 009.
2. The Chairman, Tamil Nadu Public Service Commission, VOC Nagar, Park Town, Chennai – 600 003.
3. The Secretary, Tamil Nadu Public Service Commission, VOC Nagar, Park Town, Chennai – 600 003.
https://www.mhc.tn.gov.in/judis 16/17 17 W.P.(MD)NO.177 OF 2020 G.R.SWAMINATHAN,J.
PMU W.P.(MD)No.177 of 2020 19.09.2022 https://www.mhc.tn.gov.in/judis 17/17