CHENNAI: The Madras High Court has ruled that candidates, who have completed an engineering degree in Tamil medium even if they had their diploma course in English, are eligible for availing the quota for persons studied in Tamil medium (PSTM) for government services, provided they fulfil other criterion of having studied in school in Tamil medium up to Class 12.
Justice N Anand Venkatesh issued the ruling on the petitions filed by four persons who were denied appointment by the Tamil Nadu Public Service Commission (TNPSC) on the ground that their diploma was not in Tamil medium. “In the considered view of this court, the petitioners, who have undergone their entire education in Tamil, should not be deprived of the PSTM category just because they are not able to get PSTM certificate for the diploma,” the judge said.
The insistence of TNPSC to get the PSTM certificate for the diploma also runs against the plain language used in explanation (iv) to Section 2(d) of the amended Act of Tamil Nadu Appointment on Preferential Basis in the Services under the State of Persons Studied in Tamil Medium Act (the Act), he held. He noted that Tamil medium course in diploma was not available until 2022-23.
The petitioners, R Prakash and three others, had studied diploma in engineering in English and studied engineering in Tamil through the lateral entry. They had also completed Class 12 in Tamil medium. They applied for the post of assistant engineer-civil engineering as per notifications issued in 2022 and 2023 under the 20% PSTM quota. However, they were denied appointment for not having PSTM certificate for diploma.
Advocate Kavitha Rameshwar, representing the petitioners, submitted that they had studied their course in Tamil and just because they could not get PSTM certificate for the diploma, they cannot be deprived of the opportunity under the quota.
She noted that it is sufficient to have studied engineering degree in Tamil, besides up to Class 12, to fulfil the eligibility conditions according to section 2 (d) as per the 2020 amendment made to the Act. However, the counsels for TNPSC and the higher education department contended that the PSTM quota is applicable only to those who have completed their entire education in Tamil medium.
Justice Venkatesh noted that the recruiting agency while providing for the quota under the PSTM category is also bound by the provisions of the Act, which it cannot try to interpret differently except to understand it in the manner it has been specifically provided under the Act. Concluding that the petitioners have studied SSLC, HSC and the degree in Tamil medium, he ordered that they are eligible for recruitment through the PSTM quota.