The writ petitioner herein seeks issuance of writ of certiorarified mandamus to call for the records pertaining to the Tentative Provisional Selection List released by the first respondent herein for the appointment to the post of Special Teacher (Drawing) in the Directorate of School Education.
2.According to the petitioner, she has applied for the post of Special Teacher [Drawing] in response to the notification of the first respondent published in dailies dated 26.07.2017. Having the requisite qualification for the post of Special Teacher [Drawing], she has applied for the post and participated in the written examination conducted on 23.09.2017. In the written examination she has secured 56 marks and considering her Employment Exchange seniority, she is entitled for 5 additional marks. Therefore, having secured 61 marks out of 100, she was called for certificate http://www.judis.nic.in 3 verification held on 13.08.2018. She has applied under the priority category of Tamil Medium. When the certificates were verified by the panel, they were satisfied on the certificates produced by her. However, when the first respondent published the Tentative Provisional Selection List for the Special Teacher (Drawing), her name was not found. However, 10 persons who have secured less marks than her, were found in the Tentative Provisional Selection List.
3.In the affidavit, she has also mentioned those persons who have provisionally selected, but had secured less marks than her under the MBC/DNC quota. In the website, she found that the first respondent has not considered her name, since she did not fall within the cut-off mark. When she has secured more than the 10 persons, whose names were found in the Tentative Provisional Selection List, the reasoning of the first respondent that she has not fallen within the cut-off mark is arbitrary. Particularly, in the affidavit it is averred that while the names of M.Selvi [Serial No. 244] and C.Lokeswari [Serial No.245] who have secured only 60 marks, were found in the Tentative Provisional Selection List, the petitioner herein who falls under the very same category, but had secured 61 marks, has not been selected.
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4.In the counter, the first respondent had submitted that the petitioner who has applied for Special Teacher [Drawing] pursuant to the notification issued by the first respondent though studied in Tamil medium in the other qualifying examinations (SSLC and TTC), she has not produced certificate during the time of verification to prove that she studied Higher Grade Drawing] in Tamil medium. Though she has possessed SSLC, HSc, Higher Grade [Drawing] and Technical Teachers Certificate, she did not produce the certificate for the Higher Grade that she has studied in Tamil Medium. As per G.O.Ms.145, Personnel and Administrative Reforms (S) Department, dated 30.09.2010 and the subsequent amendment issued, a person who claims priority quota for Tamil medium should possess certificate to show that they studied SSLC, Higher Grade [Drawing] and Technical Teachers Certificate in Tamil. Since the petitioner has not produced certificate to show that she studied Higher Grade [Drawing] in Tamil medium and has not stated in her application that she studied Higher Grade [Drawing] in Tamil medium, her name was not considered under the MBC/DNC turn, since the last candidate who was selected under MBC/DNC turn, had secured 64 marks whereas the petitioner has secured only 61 marks.
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5.Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleaders representing the respondents and perused the records.
6.The relevant portion of the notification regarding educational qualifications and reservation for PSTM candidates are extracted below:
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.
http://www.judis.nic.in 6 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 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 :
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7.The perusal of the documents enclosed along with the writ petition indicates that the petitioner herein had studied SSLC, HSc and Graduate in Arts in Tamil medium. In the Employment Exchange card, her medium of instruction for the Diploma in Teaching and Technical Teacher Training is blank. Therefore, there is no evidence to show that she underwent these two courses in Tamil medium.
8.The petitioner has furnished certificates for Tamil medium in the prescribed format as found above only for SSLC, HSc and Technical Teachers Certificate. She has not furnished any certificate from the institute to show that she studied Higher Grade [Free Hand Outline and Model Drawing] in Tamil medium.
9.The contention of the learned counsel appearing for the petitioner that the petitioner has studied the said course privately and therefore she could not obtain any certificate from the institution and the authority which has conducted the examination has made public that they are not competent authority to give Tamil medium certificate, cannot be taken as a reason for not producing Tamil Medium Certificate for Higher Grade [Free Hand Outline and Model Drawing]. When the authority has specifically instructed the http://www.judis.nic.in 8 candidate that the person who claims priority under PSTM quota, should produce certificate in the prescribed format issued by the Head of the institution, non-production of such certificate will disentitle them to claim priority under PSTM.
10.Further, in this case, the petitioner herein even while registering her qualification before the Employment Exchange has not mentioned her medium of instruction for the Higher Grade [Free Hand Outline and Model Drawing] course in Tamil. In the said circumstances, this Court finds that without production of the relevant certificate before the authority appointed for verification of the certificates, the petitioner cannot claim any priority under the head PSTM. For the said reason, this Court finds no merit in the writ petition. Hence, the writ petition is dismissed. No order as to costs. Consequently, connected Miscellaneous Petitions are dismissed.