✦ High Court of India · 13 Aug 2025

High Court · 2025

Case Details High Court of India · 13 Aug 2025
Court
High Court of India
Decided
13 Aug 2025
Length
1,006 words

Acts & Sections

W.P.No.30215 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 13.08.2025CORAMTHE HONOURABLE Ms. JUSTICE P.T. ASHAW.P.No.30215 of 2025and WMP.Nos.33896 & 33898 of 2025M.Ramanadhan ... Petitioner Vs.1.The Secretary To Government Higher Education Department, Fort St. George, Chennai- 09.2.The Principal Secretary To GovernmentHuman Resources Management Department,Fort St. George, Chennai- 09.3.The SecretaryTeachers Recruitment Board, 3rd And 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai- 06.4.The ChairmanUniversity Grants Commission, National Educational Testing Bureau, South Campus Of Delhi University, Benito Juarez Mar, New Delhi- 110 021.5.The RegistrarManonmaniam Sundaranar University, T1/9 https://www.mhc.tn.gov.in/judis W.P.No.30215 of 2025irunelveli Road, Abishekapatti- 627 012.6.The RegistrarTamil Nadu Dr.Ambedkar Law University, Chennai- 28.7.The ChairmanBar Council Of Tamil Nadu And Puducherry, High Court Complex, Madras- 600 104....RespondentsPrayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the 3rd respondent to accept PSTM claims from candidates who have completed their undergraduate (UG) legal education (B.A. B.L) in Tamil medium, as satisfying the requirements under G.O. (Ms) No.163 dated 18.07.2025, because of the absence of Tami- Medium postgraduate (PG) legal programs in Tamil Nadu.For Petitioner:M/s.Karthikeyan for Mr.K.ManikandanFor Respondents: M/s.C.Jayaprakash, Govt. Advocate for R.1 and R.2: M/s. C.Kathuravan, Standing Counsel for R.3.O R D E R2/9 https://www.mhc.tn.gov.in/judis W.P.No.30215 of 2025The Writ Petition is filed for the following reliefs:-"Directing the 3rd respondent to accept PSTM claims from candidates who have completed their undergraduate (UG) legal education (B.A. B.L) in Tamil medium, as satisfying the requirements under G.O. (Ms) No.163 dated 18.07.2025, because of the absence of Tami- Medium postgraduate (PG) legal programs in Tamil Nadu."2. The case of the petitioner is that he is an TNSET-2024 applicant bearing Registration No.TNSET24026442 and Roll No.273512091248. He has filed the above Writ Petition challenging the rejection of his PSTM (Person Studied in Tamil Medium) certificate by the Teacher Recruitment Board (TRB). 3. The Petitioner would submit that his entire undergraduate legal education (B.A.B.L) was taken in the Tamil Medium from Dr. Ambedkar Government Law College affiliated to the Tamil Nadu Dr. Ambedkar Law University. Thereafter, he completed his LLM course in English medium due to non-availability of Tamil medium post graduate legal programs in the State. Despite being a bonafide PSTM 3/9 https://www.mhc.tn.gov.in/judis W.P.No.30215 of 2025claimant under GO.Ms.163 dated 18.07.2025, the portal of the Teacher Recruitment Board mandates the Tamil medium up to Post Graduate level. Therefore, the petitioner was excluded from availing the PSTM reservation only on account of the institutional constraints.4. The petitioner would submit that he had submitted his PSTM Certificate based on his undergraduate Tamil medium studies, however, the portal does not permit the petitioner to upload his details. Therefore, the petitioner has come forward with the Writ in question.5. The learned counsel appearing for the petitioner would submit that the petitioner has completed his entire education up to the undergraduate level in Tamil medium and he is therefore eligible for the PSTM reservation/certificate.6. Per contra, the learned Government Advocate would submit that in order to avail the benefits of the PSTM reservation the applicant should have studied in Tamil Medium right up to the PG level. He would further submit that the petitioner's reliance on 4/9 https://www.mhc.tn.gov.in/judis W.P.No.30215 of 2025G.O.Ms. No.163, dated 18.07.2025, is misconceived, as the said Government Order merely extends reservation for women and Persons Studied in Tamil Medium in the State Eligibility Test, including the State Eligibility Test, 2024, conducted by the Teachers Recruitment Board in accordance with the existing procedure. He would submit that this Government Order does not exempt the petitioner who has studied in the English medium in his PG. 7. He would rely upon the judgement of this Court passed in WA.No.276 of 2020 - J.Prabhu Vs. The State of Tamil and Others dated 02.06.2020 wherein the Bench had observed that a person availing the benefit of PSTM quota cannot put forth an argument that the PG programs are not being offered in Tamil medium. The reasoning given by the Bench was that such a person would still be entitled to be considered in the General Quota. 8. He would also rely upon the judgement of the First Bench reported in 2020 SCC Online 22770 - S.Jeevana and Others Vs. State of Tamil Nadu and others wherein the learned Judge had 5/9 https://www.mhc.tn.gov.in/judis W.P.No.30215 of 2025observed as follows:-19. The PSTM category candidates with equivalent qualifications are not excluded from consideration and where the language of the statute is clear, a rule of preference cannot override the Special Rules for selection which hold the field and which has not been challenged.20. The aforesaid construction, as interpreted by us, does not violate the harmonious construction principle, as the post for which selections are being held, being posts relating to the Forest Department, deserve candidates who are possessed of the Degree in Forestry. To provide for an alternative qualification therefore does not eliminate the status of preference of the appellants who are possessed of alternative qualifications."9. The case on hand is similar to the above referred cases and considering the fact that the Division Bench of this Court has held that the preferential right of PSTM is not claimed as a matter of right and 6/9 https://www.mhc.tn.gov.in/judis W.P.No.30215 of 2025being an additional qualification, the criteria has to be observed strictly the relief claimed cannot be countenanced.10. In fine, the Writ Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed. 13.08.2025(shr)Index: Yes/NoSpeaking Order: Yes/NoNeutral Citation : Yes/NoTo7/9 https://www.mhc.tn.gov.in/judis W.P.No.30215 of 20251.The Secretary To Government Higher Education Department, Fort St. George, Chennai- 09.2.The Principal Secretary To GovernmentHuman Resources Management Department,Fort St. George, Chennai- 09.3.The SecretaryTeachers Recruitment Board, 3rd And 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai- 06.4.The ChairmanUniversity Grants Commission, National Educational Testing Bureau, South Campus Of Delhi University, Benito Juarez Mar, New Delhi- 110 021.5.The RegistrarManonmaniam Sundaranar University, Tirunelveli Road, Abishekapatti- 627 012.6.The RegistrarTamil Nadu Dr.Ambedkar Law University, Chennai- 28.7.The ChairmanBar Council Of Tamil Nadu And Puducherry, High Court Complex, Madras- 600 104.P.T. ASHA . J., 8/9 https://www.mhc.tn.gov.in/judis W.P.No.30215 of 2025(shr)W.P.No.30215 of 2025and WMP.Nos.33896 & 33898 of 202513.08.20259/9

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