DATE OF THE ORDER:
13th May,2020
JUDGES:
Justice N. Kirubakaran and Justice B. Pungalendhi
PARTIES:
G. Sakthi Rao (Petitioner)
The Chief Secretary, Government of Tamil Nadu and others. (Respondents)
SUBJECT
The following case deals with the reservation under the Person Studied in Tamil Medium (PSTM) category. According to the petitioner, the object of PSTM Act, 2010 is being frustrated by the respondents by adopting a fraudulent method of giving reservation to those who have studied higher qualification prescribed for the post solely in Tamil Medium despite the very fact that they studied throughout in English Medium.
OVERVIEW
- An advocate, Sakthi Rao filed a petition in Madurai praying for the issue of a Writ of Mandamus to call for the entire records of the Tamil Nadu Public Service Commission about the posts included in CCS I Examination.
- The petitioner requested the court to allow only the candidates who have completed their entire education i.e, 10th std, 12th std, Degree through Tamil Medium to apply for PSTM quota and also directing the Government of Tamil Nadu to frame proper rules for PSTM quota.
- The prayer of the petitioner (G. Sakthi Rao) is that the candidates who had not done their schooling in Tamil Medium are getting benefited by 20% quota under PSTM Act by obtaining only the higher degree required for the post in Tamil Medium. Excepting the Higher Degree required as a qualification for the post, most of them studied in English Medium. To make most of the PSTM quota, they get the prescribed qualification in Tamil Medium through distance education.
- Mr.Sakthi Rao, the petitioner pointed out that certificates are issued by numerous Universities to the candidates who have undertaken degree courses through distance education. There is no verification that those candidates had undertaken the said course in Tamil Medium and mostly, it is only through distance education. He pointed out that there was a huge scam in Madurai Kamaraj University as well as Annamalai University in the issue of fake certificates to candidates. Many candidates taking advantage of fake certificates got recruited availing 20% reservation under PSTM quota.
- Mr.K.Chellapandian, Advocate General for Government of Tamil Nadu and Department of Higher Education submitted that the Act has been brought in to benefit those who have studied in Tamil Medium. He referred to the amended definition under Section 2(d) of PSTM Act,2020 and stated that only those persons, who studied in Tamil Medium should be given the benefits.
- Tamil Nadu Public Service Commission (TNPSC) submitted that it wrote to the Government for clarification regarding the preference about persons studied in Tamil Medium but the Government failed to clarify it.It was noted that the Tamil Nadu Public Service Commission has not properly verified the study details of candidates including Medium of Instructions from school level onwards.
- The details provided by the Tamil Nadu Public Service Commission proved that some persons completed degree in English medium and thereafter, studied the prescribed qualification alone in Tamil and falsely complied with the provision of the Act.
LEGAL PROVISIONS
- Article 226 of the Constitution- Power of High Courts to issue writs
- Section 2(d) of PSTM Act- Persons studied in Tamil Medium
ANALYSIS OF THE ORDER
The court by giving a purposive interpretation of the term "Persons studied in Tamil medium" said it alone would achieve the object of the Act. Any mechanical and literal interpretation of the above term that acquiring prescribed qualification alone in Tamil medium would destroy the very object of the Act, viz., encouraging people to undertake study in Tamil medium. The literal interpretation of the definition of the Act would make the object of the Act futile. Therefore, what is sought to be done through the Act has to be culled out from the very Act itself and the purposive interpretation alone would achieve the object of the Act.
From the materials placed on record, this Court held that
- The PSTM Act is intended to encourage children to study in Tamil Medium.
- The reservation has been granted to remove the dysfunctioning sustained by the Tamil medium students due to education in the Tamil medium.
- The reservation of 20% is for those students who studied their entire education up to the requisite qualification in Tamil Medium.
- Preference of 20% reservation is to be given for Tamil Medium students under the PSTM Act when equally qualified candidates, who studied in a different medium of instruction other than Tamil are available. For the rest of 80%, it is open to all the persons who studied in different languages
- The opportunities accessible for those who have studied in Tamil Medium is confined only to the State of Tamil Nadu
- The entire Act including the amendment Act,2020 is constitutionally valid.
The Writ Petition was allowed partly with the following directions:
- The impugned notification itself is as per the interpretation given by the petitioner in the prayer viz., to allow only the candidates those who have completed their entire education and thereafter, Degree or prescribed qualification only through Tamil Medium to avail PSTM quota and hence it is valid.
- The recruitment under the impugned notification is governed by this order.
- There shall be a direction to the Respondents to give 20% PSTM reservation only to those who studied their entire education throughout in Tamil medium viz., right from 1st standard upto prescribed qualification.
- 20% reservation for PSTM candidates shall be applied at every stage of recruitment.
- The PSTM Act 2010 and the amendment Act 2020 are constitutionally valid, as the act is to remove the disability sustained by the Tamil medium students due to education in Tamil medium.
- The Chief Secretary shall direct the Department of School Education and Higher Education to strictly indicate the medium of instruction in the certificates itself viz., Tamil or English in which the student undergo the course in 10th std, 12th std, Degree and Post Graduate Degree, if not already indicated.
- The third respondent should moreover get the certificates verified from the school or college authorities concerning to those candidates who apply under PSTM quota and also make it
CONCLUSION
The court by giving a purposive interpretation of the term "Persons studied in Tamil medium" justified the object of the Act. The Tamil Nadu government introduced the PSTM Act, 2010 in response to parents' lack of interest in enrolling their children in Tamil medium schools.
The value of providing education in one's mother tongue to all citizens was recognized not only by the state government but also by the central government.When people neglect to learn their respective mother tongue for different reasons, the chain of language transmission to future generations is broken, as the respective mother tongue cannot be passed on to the next generation.
The number of children studying in Tamil Medium is decreasing and to safeguard the Tamil language the State Government rightly brought in the Act 40 of 2020 giving the benefit of 20% reservation in appointments to the candidates who studied in Tamil Medium. Any candidate who wishes to avail the benefit of 20% under the PSTM Act should undertake study in Tamil Medium right from the first standard to the prescribed degree qualification.
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