The case of the petitioner is that she applied for the post of Special Teacher [Drawing] in response to the notification of the first respondent dated 26.07.2017. Since she has studied all the requisite qualifications in Tamil, as found in the notification she is entitled for priority quota for the students who have studied in Tamil medium. Though she has enclosed certificates relating to her educational qualification indicating that she studied in Tamil medium, the same were not considered by the first respondent. Whereas one Yogalakshmi who has secured less marks then her, has been considered.
2.According to the petitioner, she has secured 56 marks in the written examination and she is entitled for additional 5 marks for her Employment Exchange seniority. Since she has secured 61 marks in total, her name has to considered under Persons Studied in Tamil Medium [PSTM] quota under BC [Woman]. However, 6 http://www.judis.nic.in 3 persons who have secured less than her marks have been included in the Tentative Provisional Selection List whereas her name has been omitted.
3.In the counter, the first respondent has submitted that the case of the petitioner was not considered under the priority quota for PSTM, since she has not produced the Tamil medium certificate at the time of certificate verification. Hence she was not considered under BC [Woman] turn. The cut off mark for BC [Woman] is 64 whereas the petitioner has secured only 61 marks. Hence, she was not considered.
4.Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleaders representing the respondents.
5.The relevant portion of the notification regarding educational qualifications and reservation for PSTM candidates are extracted below:
http://www.judis.nic.in 4 DRAWING 1.General Educational Qualification: S.S.L.C. TEACHER
2.Technical qualification:
(i) a.Degree with Drawing and Painting under Part III of a University in the State or its equivalent.
or b.Diploma in Painting or Diploma in Drawing of the Annamalai University.
or
ii)Diploma in Painting or Commercial Arts or Modeling of the Government College of Arts and Crafts;
or Government Technical Examinations (Higher Grade) in free hand outline and Model Drawing or Government Diploma in Drawing or a Certificate issued by the Tamil Nadu Institute of Architecture and Sculpture, Mamallapuram.
and
(iii)Technical Teachers Certificate.
Or
(iv) a.A Diploma in Fine Arts (5 Years Course) awarded by Director of Technical Education or b.A Bachelor Degree in Fine Arts awarded by the Madras University or Bharathidasan University. 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 http://www.judis.nic.in 5 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 :
6.It is contended by the learned Special Government Pleader representing the first respondent that the petitioner has produced all the four certificates to show that she has studied in Tamil medium and the Higher Grade [Free Hand Outline and Model Drawing] certificate issued to the petitioner herein indicates that she http://www.judis.nic.in 6 passed the examination in Higher Grade [Free Hand Outline and Model Drawing] held at Dindigul in the month of December 1999 and was placed in the second class. Whereas the certificate in the prescribed format furnished by the petitioner herein is issued ATC Drawing Institute at Virudhunagar indicating that she studied the course between January 1998 and December 1998. While the certificate reveals that she got the certificate only in December 1999, the Tamil medium certificate is much prior to her certificate. Since the period of instruction and place of instruction does not tally with that of the certificate and place of examination, the petitioner's candidature was duly rejected. In the application, the petitioner has mentioned that she passed Higher Grade [Free Hand Outline and Model Drawing] in the month of August 2000. Since her certificate for the qualifying examination and the certificate to show the medium of instruction does not tally with each other, the petitioner herein has not been considered by the first respondent.
7.In the counter filed by the first respondent, it is submitted that the cut off mark for BC [Woman] is 64 marks. The cut off mark for BC [Woman] Tamil medium is 60 marks. Since the petitioner's certificate for studying in Tamil medium is inconsistent to each other, the first respondent has not considered the case of the petitioner under PSTM quota.
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8.The learned counsel appearing for the petitioner would submit that just because the petitioner has wrongly mentioned the year of completion in the application and the period of instruction is anterior to the date of examination by one year, cannot be a reason to reject the claim of the petitioner to consider her candidature under PSTM quota.
9.This Court finds force in the submission of the learned counsel appearing for the petitioner. The petitioner's request to consider her under PSTM quota cannot be rejected despite production of certificate. If the first respondent has any suspicion over the genuineness of the certificate, they should have sought for clarification from the authority, who has issued the certificate. The panel constituted for verification of certificate for the reasons quoted ought not to have rejected the claim of the petitioner on their own without verification. Hence, the first respondent is directed to verify the credential of the certificates produced by the petitioner from the respective authority and take appropriate decision depending upon the verification report. http://www.judis.nic.in 8
10.With the above directions, this writ petition is disposed of. No order as to costs. Consequently, connected Miscellaneous Petitions are closed.
W.M.P(MD)Nos.19921 and 19922 of 2018 04.12.2018 http://www.judis.nic.in