R.Saravanan v. State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2024 CORAM THE HONOURABLE MS JUSTICE R.N.MANJULA and W.M.P.(MD).Nos.9440 & 9442 of 2024 W.P.(MD).No.10518 of 2024: R.Saravanan ... Petitioner Vs.

¶1State of Tamil Nadu , Represented by its Secretary, Human Resources Management (S) Department, Secretariat, Chennai - 9.

¶2Tamilnadu Public Service Commission, Represented by its Chairman, TNPSC Road, VOC Nagar, Park Town, Chennai - 600003.

¶3Tamilnadu Public Service Commission, Represented by its Secretary, TNPSC Road, VOC Nagar, Park Town, Chennai - 600003. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of to issue a Writ of Declaration to declare the clause 13(B)

(vi) of the Notification in Notification No.03/2022 dated 23.02.2022 and the Clause 14 (R) (iv) and (vi) of the Instructions to the Candidates issued by 3rd Respondent as illegal in so far as not treating the candidates studied in tamil medium from I Standard to X Standard and XII Standard in tamil medium as Private candidate under PSTM Category is concerned and consequently for a direction, directing the Respondent No.2 and 3 to select the Petitioner under PSTM category and permit to participate in the Counselling in the Combined Civil Services Examination II (Non Interview Posts) (Group-II Services /Group-IIA Services) within the time period stipulated by this Court. W.P.(MD).No.10519 of 2024: T.Murugeswari ... Petitioner Vs.

¶1State of Tamil Nadu , Represented by its Secretary, Human Resources Management (S) Department, Secretariat, Chennai - 9.

¶2Tamilnadu Public Service Commission, Represented by its Chairman, TNPSC Road, VOC Nagar, Park Town, Chennai - 600003.

¶3Tamilnadu Public Service Commission, Represented by its Secretary, TNPSC Road, VOC Nagar, Park Town, Chennai - 600003. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of to issue a Writ of Declaration to declare the clause 13(B)

(vi) of the Notification in Notification No.03/2022 dated 23.02.2022 and the Clause 14 (R) (iv) and (vi) of the Instructions to the Candidates issued by 3rd Respondent as illegal in so far as not treating the candidates studied in tamil medium from I Standard to X Standard and XII Standard in tamil medium as Private candidate under PSTM Category is concerned and consequently for a direction, directing the Respondent No.2 and 3 to select the Petitioner under PSTM category and permit to participate in the Counselling in the Combined Civil Services Examination II (Non Interview Posts) (Group-II Services /Group-IIA Services) within the time period stipulated by this Court. For Petitioner : Mr.T.Aswin Raja Simman For R-1 : Mr.J.Ashok, Additional Government Pleader For R-2 & R-3 : Mr.V.Paneerselvam (In Both Petitions) COMMON ORDER By consent of both the parties, these Writ Petitions are taken up for final disposal at the admission stage itself.

¶2Heard Mr.T.Aswin Raja Simman, learned counsel appearing for the petitioner, Mr.J.Ashok, learned Additional Government Pleader appearing for the first respondent and Mr.V.Paneerselvam, learned counsel appearing for respondent Nos.2 and 3.

¶3The petitioners, who applied for Group-II A posts in response to the notification dated 23.02.2022 have completed the preliminary examination and written examination and listed as one among the persons who came under the zone of consideration. However, the petitioners have uploaded their certificates for certificate verification, despite they were not called upon for certificate verification and on enquiry, the petitioners came to know that they did not submit the certificates produced by them to show that they have studied in the Tamil Medium and hence, it was rejected.

¶4The Government of Tamil Nadu has issued G.O.(Ms).No.82, Human Resources Management (S) Department, dated 16.08.2021, by giving priority in public appointments for those persons who have 20% reservation who studied in Tamil Medium and the petitioners have claimed priority in the said category. However, the petitioners had produced certificates from their Headmasters for I to X Standard to show that they had studied in Tamil Medium and the petitioners have also produced B.Com., Degree and B.A., History Certificates respectively issued by the Distance Education to show that they had studied their under graduation. However, the petitioners faced with the challenge in view of the certificates issued by the Deputy Directorate of Government Examination, it is certified that the petitioners had written the Higher Secondary Examination in Tamil.

¶5Mr.V.Paneerselvam, learned Standing Counsel appearing for the TNPSC submitted that as per its notification and the instructions issued to the candidates, the petitioners are expected to produce the certificates with the clear words which would state that the persons have not only written their examination, but, they have also studied only in Tamil by having Tamil as the medium of instructions. The petitioners had chosen to write the 12th Standard examination privately and hence, they could only produce the certificates issued by the Deputy Directorate of Government Examination for 12th standard. In fact, in the notification, it is stated as follows: "Documents uploaded / produced as proof of having studied in Tamil medium, for the partial duration of any course / private appearance at any examination, shall not be accepted and shall result in the rejection of candidature after due process."

¶6This forms part of Paragraph 13-B (vi) of the General Information in the notification for the applicants as well.

¶7The petitioners have filed these writ petitions to challenge the above condition in the notification by placing reliance on the Government Order in G.O.(Ms).No.82, Human Resources Management (S) Department, dated

16.08.2021, more particularly, paragraph No.4 Sub Clause (iii). For the sake of clarity, Paragraph No.4 (iii) is extracted hereunder: G.O.(Ms).No.82, Human Resources Management (S) Department, dated 16.08.2021. "4...

(iii) 1 Kjy; 9Mk; tFg;G tiu gs;spf;F nry;yhky; Neubahf 10Mk; tFg;G Njh;tpid vOjp Njh;r;rp ngw;w jdpj; Njh;th;fs; kw;Wk; gpw khepyq;fspy;> ,ju nkhopapid gapw;W nkhopahf nfhz;L gapd;W> gpd;G ,k;khepyj;jpy; Neubahfr; NrUk; tFg;gpypUe;J gs;sp ,Wjp tFg;Gfs; tiu jkpo; topapy; gapd;wth;fs; ,k;%d;Dhpikf;F jFjpAilath;fs; my;yh;:"

¶8It is stated in the above clause that those persons who have not gone to School for Standards I to IX and who are directly appeared for 10th Standard in Tamil, are not eligible to the above benefit given under the Government order. So, it is claimed by the petitioners that they have studied in the regular school and their certificates would show that they studied under the regular stream from Standard I to X and the concerned Headmasters have given certificates evidencing that they had studied in the Tamil Medium in the Government Schools.

¶9At the earlier instance, another petitioner has filed W.P.(MD).No.9883 of 2024 in which the following orders have been passed with regard to the certificate issued by the Deputy Director of Examination for the appearance of 12th Standard through private mode. The relevant portion of the above order is extracted below: "6. However, the learned Standing Counsel submitted that the petitioner had not produced the certificate in respect of 12th Standard stating that the petitioner had studied 12th Standard also in Tamil medium, but the certificate only conveys that the petitioner had written the examination in Tamil medium. Since the petitioner happened to appear for 12th Standard through private mode, she was under compulsive circumstances to obtain the certificate not from the school authorities but from the Deputy Director of Controller of Examination. In such case, it is impractical to expect from similar such candidates to get a certificate similar to the form in which the school authorities might give for those regular students.

¶7So far as the Deputy Director of Controller of Examination is concerned, he would only know from the examination written by the petitioner that she had written the examination in Tamil. Only the school authorities can give certificate as to whether a candidate has studied the course also in Tamil medium. For all those candidates who studied in private study either by joining a tutorial or by being at home, the knowledge that the candidate had studied the course in Tamil medium can be only with the persons closely associated to them during their studies i.e., with the family members or the tutorial teachers. So, in such case, the second respondent cannot expect the Deputy Director of Controller of Examination to issue a certificate stating that the petitioner has studied the course in Tamil medium.

¶8It goes without saying that a person who had studied and given his examination in Tamil until 10th Standard could not have studied the 12th Standard course in English medium and written the examination alone in Tamil medium. Only because the petitioner is conversant and comfortable in Tamil medium, she has chosen to write the examination in Tamil medium and there need not be any doubt that the petitioner have studied the 12th Standard also in Tamil medium.

¶9Since the pedantic approach had deprived the petitioner from participating in certificate verification, the impugned order, dated 08.04.2024 passed by the second respondent is set aside. The first respondent is directed to permit the petitioner for certificate verification on par with similar such eligible candidates and proceed to the next level of selection."

¶10However, when these writ petitions were heard, a point was raised by Mr.V.Paneer Selvam, learned Standing Counsel for the respondent Nos.2 and 3 that the instructions have been given in the notification itself that the persons studied through private mode are not entitled to avail the benefit of PSTM and in the earlier case, the notification was not challenged. However, the petitioners have challenged the above instructions as well in this case claiming that it has not been issued in compatible to the Government Order in G.O.(Ms).No.82, Human Resources Management (S) Department, dated 16.08.2021.

¶11No doubt administrative instructions can be given only on the basis of the Government Order in G.O.(Ms).No.82, Human Resources Management (S) Department, dated 16.08.2021. If the instructions are not issued in tune with the above Government Order, then, it requires the attention of this Court. As stated already in the G.O.(Ms).No.82, dated 16.08.2021, the following conditions have been laid down in paragraph No.4 of the said order and the same is extracted below : "(i)xd;whk; tFg;G Kjy;> njhlu;Gila W.P.(MD)Nos.10518o&o10519oofo2024 gzp tpjpfspy; Neub epakd Kiwf;nfd tiuaWf;fg;gl;l fy;tpj; jFjp tiuapy; (10 /o 12-Mk; tFg;Gfs;> gl;lak;> ,sq;fiy /o KJfiyg; gl;lq;fs;) KOtJkhf jkpo;topapy; fy;tp gapd;wtu;fs; kl;LNk> 2010-Mk; Mz;L jkpo;ehL jkpo; topapy; fy;tp gapd;wtu;fis murpd; fPo;tUk; gzpfspy; Kd;Dupikapd; mbg;gilapy; gzp epakdk; nra;jy; rl;lk; kw;Wk; mr;rl;lj;jpw;fhd 2020-Mk; Mz;L jpUj;jr; rl;lj;jpd; foP ; Kd;Dupik toq;fg;gl jFjpAilatu;fs; Mtu;: rii) o,ju nkhopfis gapw;W nkhopahf (Medium o of o Instruction) nfhzL; gapd;W> Nju;Tfis kl;Lk; jkpopy; vOjpatu;fs;> ,k;Kd;Dupik xJf;fPl;bw;F jFjpAilatu;fs; my;yu;:

(iii) 1 Kjy; 9Mk; tFg;G tiu gs;spf;F nry;yhky; Neubahf 10-Mk; tFg;G Nju;tpid vOjp Nju;r;rp ngw;w jdpj; Nju;tu;fs; kw;Wk; gpw khepyq;fspy;> jkpo; my;yhky; ,ju nkhopapid gapw;W nkhopahf nfhz;L gapd;W> gpd;G ,k;khepyj;jpy; Neubahfr; NrUk; tFg;gpypUe;J gs;sp ,Wjp tFg;Gfs; tiu jkpo; topapy; gapd;wtu;fs; ,k;Kd;Dupikf;F W.P.(MD)Nos.10518o&o10519oofo2024 jFjpAilatu;fs; my;yu;: riv) fy;tpj; jFjp rhd;wpjo;> khw;Wr; rhd;wpjo; (Transfer o Certificate) kw;Wk; kjpg;ngz; gl;bay; Mfpatw;wpd; gapd;wtu;fs; epakd %yk; jkpo; topapy; fy;tp rk;ge;jg;gl;l njupT Kfikfs; / oepakd mYtyh;fs; (Recruiting o Agencies/ o Appointingo Authorities)ocWjp nra;J nfhs;s Ntz;Lk;: rv) tpz;zg;gjhuu;fshy; rku;g;gpf;fg;gLk;> jkpo; topapy; fy;tp gapd;wjw;fhd rhd;wpjo;fspd; cz;ikj; jd;ikapid rk;ge;jg;gl;l gs;sp kw;Wk; fy;Y}upfs; %yk; gzpahsu; njupT Kfikfs; / epakd mYtyu;fs; (RecruitingoAgencieso/oAppointingo Authorities) cWjp nra;J nfhs;s Ntz;Lk;: rvi) Nju;tu;fs; Nkw;Fwpg;gpl;l topKiwfspd; %yk; jkpo; topapy; fy;tp gapd;wtu;fs; vd;gij cWjp nra;a ,ayhj epiyapy;> jkpo; topapy; fy;tp gapd;wjw;fhd rhd;wpjo;fis> ,izgG; fs; I okw;Wk; II-y; cs;s gbtq;fspy; rk;ge;jg;gl;l fy;tp epWtdq;fsplkpUe;J ngw;W tpz;zg;gpf;f Ntz;Lk;: W.P.(MD)Nos.10518o&o10519oofo2024 rvii) gs;spfs; %lg;gl;l epfo;Tfspy;> rk;ge;jg;gl;l khtl;l fy;tp mYtyu; /o Kjd;ikf; fy;tp mYtyu; / ocupa mYtyuplkpUe;J jkpo; topapy; fy;tp gapd;wjw;fhd rhd;wpjo;fis Nju;tu;fs; ngw;W rku;g;gpf;f Ntz;Lk;: rviii) njhlf;f epiy (5-Mk; tFg;G)> cau;epiy (10-Mk; tFg;G)> Nky;epiy tFg;G (12-Mk; tFg;G)> gl;lak; (iiploma)> ,sq;fiy gl;lk; kw;Wk; KJfiy gl;lk; Mfpa fy;tpj; jFjp rhd;wpjo;fs; kw;Wk; khw;Wr; rhd;wpjo;fspy; (Transfer o Certificate) khztu;fspd; gapw;W nkhop (jkpo; /oMq;fpyk; / o,ju nkhopfs;) fl;lhak; Fwpg;gplg;gLk;. Njitahd topfhl;L newpKiwfs; gs;spf; fy;tp kw;Wk; cau; fy;tpj; Jiwfshy; ntspaplg;gLk;: rix) jkpo; topapy; fy;tp gapd;wjw;fhd rhd;wpjo;fspy;> khztu;fspd; ngau;> gapd;w gs;sp /ofy;Y}up /ofy;tp epWtdq;fspd; ngau;> Kftup> tFg;Gfs;> rhd;wpjo; toq;fpa mjpfhup Mfpa tptuq;fs; mlq;fpa tpiuT jfty; FwpaPl;bid (QRocode) ,lk;ngwr; nra;tJld;> mr;rhd;wpjio ,Nrit ikaq;fs; %yk; toq;Ftjw;F gs;spf; fy;tp kw;Wk; cau; fy;tpj;

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kw;Wk; fy;Y}upfspy; jkpo; ghlj;jpw;fhd Mrpupau;fshf epakpf;f Ntz;Lk; kw;Wk; jkpo; ghlj;jpYk;> khWgl;l NtW xU ghlj;jpYk; (Cross Major Subject Degrees in Tamil) gl;lk; ngw;wtu;fis jkpo; Mrpupau;fshf epakdk; nra;af; $lhJ vd;gjw;fhd jpUj;jq;fis Nkw;nfhs;tJ njhlu;ghf gs;spf; fy;tp kw;Wk; cau; fy;tpj; Jiwfs; eltbf;if Nkw;nfhs;Sk;.

(xi) Nkw;gb rl;lj;jpy; toptif nra;ag;gl;Ls;s 20 tpOf;fhL Kd;Dupik xJf;fPlhdJ> Neub gzp epakdj;jpw;fhd xt;nthU njupT epiyapYk; (Kjy;epiyj; Nju;T> Kjd;ikj; Nju;T> Neu;Kfj; Nju;T kw;Wk; ,ju epiyfs;) gjtp thupahf gpd;gw;wg;gl Ntz;Lk;:"

¶12As stated already, Mr.T.Aswin Raja Simman, learned counsel for the petitioner by drawing the attention of this Court to Paragraph No.4 (iii) of the above order had claimed that the candidates who studied in the Tamil Medium from Standard I to X and wrote their examinations in Tamil, if asked to write 12th standard privately, the certificate issued by the Deputy Directorate of Government Examinations can be accepted.

¶13Mr.V.Paneerselvam, learned Standing Counsel appearing for the TNPSC would submit that the certificate ought to be issued in the manner stated and it should state about the fact that the candidate had studied in Tamil Medium and it is not sufficient if it only states that he had written the examination in Tamil. The above issue is no more a res integra in view of the order passed in the earlier writ petition in W.P.(MD).No.9883 of 2024, which is referred supra.

¶14The only restriction that has been placed under paragraph No.4 (iii) in Government order in G.O.(Ms).No.82, Human Resources Management (S) Department, dated 16.08.2021 is that those persons who had done their 10th Standard privately without going to Standards I to IX cannot be permitted to furnish certificate to claim PSTM benefit. But in the instant case, the petitioners have studied upto Tamil medium by being a regular student in a regular stream and for which, they had already produced the certificates issued by the concerned school authorities. They wrote only the 12th Standard examination privately and for which they happened to get the certificate from the Deputy Directorate of Government Examinations. The above terms in Paragraph No.4

(iii) of the Government Order in G.O.(Ms).No.82, Human Resources Management (S) Department, dated 16.08.2021 does not speak about anything to exclude those persons who had finished X Standard through regular mode, but opted to write 12tha Standard in Tamil medium privately.

¶15It has already been held that against those persons who studied in Tamil Medium upto 10th Standard and wrote XII standard privately, no impractical presumption be taken that they have studied 12th Standard by having English as medium of instruction but had chosen to write the examination alone in Tamil. Only for this reasons, PSTM benefit was given to persons, who have come to this Court for seeking the validity of the certificate obtained from the Deputy Directorate of Government Examinations for XII standard. Hence, there cannot be any difficulty to extend the said benefit to the petitioners also in terms of the earlier order made in W.P.(MD).No.9883 of 2024, dated 23.04.2024.

¶16Paragraph No.13-B (vi) of the notification dated 23.02.2022 which has its base on the Government Order in G.O.(Ms).No.82, Human Resources Management (S) Department, dated 16.08.2021, cannot be presented to be conveying a different meaning than what it says. Since the Government Order speaks about the enrollment in schools for Standard I to IX and X standard through private mode and does not make any reference about standard XI and XII, it has to be read down in tune with Paragraph No.4 (iii) of the Government order in G.O.(Ms).No.82, Human Resources Management (S) Department, dated 16.08.2021. However, these writ petitions do not deal with the acceptance of Standard XII qualification obtained by the candidates by writing the examination through private mode. So, I feel it is sufficient to read down the Paragraph No.4 (iii) of the Government Order in G.O.(Ms).No.82, Human Resources Management (S) Department, dated 16.08.2021 along with Paragraph No.13-B (vi) of the notification dated 23.02.2022.

¶17In view of the reasons stated above, these Writ Petitions are disposed of, by holding that the impugned Clauses 13(B)(vi) and 14(R)(iv) & (vi) in the Notification and Instructions to Candidates respectively shall be read harmoniously with Paragraph No.4 (iii) of the Government Order in G.O.(Ms).No.82, Human Resources Management (S) Department, dated

16.08.2021 as how it is read down above and consequently, the third respondent is directed to permit the petitioners for certificate verification on par with other eligible candidates of the same category and proceed to the next level of selection. No costs. Consequently, connected miscellaneous petitions are closed.

29.04.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG To

¶1The Secretary, State of Tamil Nadu , Human Resources Management (S) Department, Secretariat, Chennai - 9.

¶2The Chairman, Tamilnadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600003.

¶3The Secretary, Tamilnadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600003.

R.N.MANJULA, J. TSG

29.04.2024