Madras High Court
V.Jeyanthi vs The Government Of Tamil Nadu on 12 October, 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.23061 of 2018
and
W.M.P(MD)Nos.20953 to 20955 of 2018
V.Jeyanthi .. Petitioner
Vs.
1.The Government of Tamil Nadu
rep. by Secretary,
Education Department,
Secretariat, Chennai.
2.The Teachers Recruitment Board
rep. by the Chair Person,
E.V.K.Sampath Maaligai,
D.P.I. Compound, College Road,
Chennai – 6.
3.The Member Secretary,
The Teachers Recruitment Board,
E.V.K.Sampath Maaligai,
D.P.I. Compound, College Road,
Chennai – 6.
4.The Director,
Department of School Education,
Chennai. .. Respondents
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 pertaining to the impugned Tentative
Provisional Selection List for recruitment to the post of special
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2
Teacher (Sewing) issued by the third respondent dated 12.10.2018
and quash the same and consequently direct the second and the
third respondents to publish the fresh selection list and appoint the
petitioner as Special Teacher (Sewing) within the time frame
stipulated by this Court and pass such further or other orders.
For Petitioner : Mr.G.Mohankumar
For Respondents 1 and 4 : Mrs.S.Srimathy,
Special Government Pleader.
For Respondents 2 and 3 : Mr.VR.Shanmuganathan,
Special Government Pleader.
ORDER
The petitioner herein participated in the recruitment process initiated by the second respondent for the post of Special Teacher [Sewing].
2.According to the petitioner, her medium of instruction for all the qualifying examinations was in Tamil and therefore she is entitled to be considered under PSTM priority quota. Having secured 58 marks out of 98 marks, she is entitled to be included in the Tentative Provisional Selection List by adding 5 marks weightage for the Employment Exchange seniority. However, her name has not been included in the list, but however the persons who have secured lesser marks and born after her, were included in BC General Turn and BC Women Tamil Turn. Hence, challenging the http://www.judis.nic.in 3 Tentative Provisional Selection List, the present writ petition has been filed.
3.The learned special Government Pleader representing the second and third respondents would submit that the petitioner herein applied for the post of Special Teacher [Sewing] under BC Women Category. She secured 58 marks in the written examination and attended the certificate verification. Her candidature was not considered under PSTM priority category, since she has not produced PSTM certificate at the time of certificate verification for all the prescribed qualification. The last candidate selected under BC Women General Turn has secured 64 marks. Since the petitioner has secured 63 [58+5] marks, which is less than the cut off mark, her candidature was not considered.
4.Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleaders representing the respondent and perused the records.
5.The relevant portion of the notification regarding educational qualifications and reservation for PSTM candidates are extracted below:
http://www.judis.nic.in 4 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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6.From the perusal of the documents relied by the petitioner herein, this Court finds that the petitioner herein has undergone Higher Grade Technical Examination for Embroidery conducted by the Department of Government Examinations in Madurai in the month of December 1998. During the certificate verification, she has not furnished the certificate obtained from the instituting in the prescribed format to show that she has undergone the above course in Tamil medium. The contention of the learned counsel appearing for the petitioner that she studied the course privately and therefore, she is not in a position to get certificate from the institution, cannot be taken into consideration. Since neither Higher Grade Certificate issued by the Technical Examination nor the certificate prescribed in the format is furnished by her to support her claim, this Court finds no merit in the writ petition. 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 http://www.judis.nic.in 6 To
1.The Secretary, Education Department, Government of Tamil Nadu, Secretariat, Chennai.
2.The Chair Person, Teachers Recruitment Board, E.V.K.Sampath Maaligai, D.P.I. Compound, College Road, Chennai – 6.
3.The Member Secretary, The Teachers Recruitment Board, E.V.K.Sampath Maaligai, D.P.I. Compound, College Road, Chennai – 6.
4.The Director, Department of School Education, Chennai.
http://www.judis.nic.in 7 DR.G.JAYACHANDRAN, J.
smn ORDER MADE IN W.P(MD)No.23061 of 2018 and W.M.P(MD)Nos.20953 to 20955 of 2018 04.12.2018 http://www.judis.nic.in