V.Lakshmikandhan S/O.G.Vel v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2017 CORAM :
THE HONOURABLE Mr.JUSTICE T.RAJA W.P.No.29450 of 2017 and W.M.P.Nos.31731 & 31732 of 2017 V.Lakshmikandhan ... Petitioner in person Vs.
1.The Chairman, 2.The Commissioner, Directorate of Technical Education (DoTE), 53, Sardar Patel Road, Guindy, Chennai-600 025.
3.The Principal Secretary to Government, Higher Education Department, State of Tamil Nadu, St.George Fort, Chennai-600 009.
4.The Secretary to Government, Personnel and Administrative Reforms Department, State of Tamil Nadu, St.George Fort, Chennai-600 009.
5.The Chief Secretary to Government, State of Tamil Nadu, St.George Fort, Chennai-600 009.
6.The Member Secretary, 7.The Registrar, Anna University, Chennai-600 025.
... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned Notification (Notification No.06/2017, dated 28.07.2017) issued by the 1st respondent and quash the same in respect of the Tamil medium reservation for the post of Lecturer in Mechanical Engineering subject in the above said Notification No.06/2017, dated 28.07.2017, and direct the respondents to permit the petitioner to compete for general turn Tamil medium reservation and BC Tamil medium reservation along with general turn and BC communal turn. For Petitioner : Mr.V.Lakshmikandhan , Party-in-Person For Respondents : Mr.K.Venkataramani, AAG assisted by Mr.V.Jayaprakash Narayanan, Spl GP (For R1 to R6) Mr.M.Vijayakumar, Standing Counsel for R3
ORDER
Mr.K.Venkataramani, learned Additional Advocate General, took notice for the respondents.
2.This writ petition has been filed by the petitioner praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned Notification No.06/2017, dated 28.07.2017, issued by the 1st respondent and quash the same in respect of the Tamil medium reservation for the post of Lecturer in Mechanical Engineering subject and consequently, to direct the respondents to permit the petitioner to compete for general turn Tamil medium reservation and BC Tamil medium reservation along with general turn and BC communal turn. 3.The Teacher Recruitment Board (2nd respondent herein) issued Notification No.6/2017, dated 28.07.2017, calling for application for the post of Lecturers in Government Polytechnic. The petitioner has applied for the said post and participated in the examination conducted on 16.09.2017.
4.The submissions of the petitioner, who appeared as party-in-person, in the present writ petition, are on three grounds. Firstly, the petitioner contended that when the Government/University did not make any Post Graduation Course in Tamil medium so as to enable them to compete under 20% reservation, the said 20% reservation given in favour of Tamil medium students should be struck down on
the ground of arbitrariness.
5.Secondly, when the petitioner pursued BE Mechanical Engineering course in Pallavanan College of Engineering, Kanchipuram, affiliated to Anna University, from the year 2009 to 2013, the benefit of 20% reservation offered to the Tamil medium was not made available to him, as the said reservation has been given only from the year 2010. But, he pursued his BE in the year 2009. Therefore, he should be allowed to get the benefit of 20% Tamil medium reservation. 6.Thirdly, it was argued by the petitioner that when the Government have come forward to provide 20% reservation only to the persons studied in Tamil medium for the post of Lecturers in Government Polytechnic Colleges, there is no reasonableness in framing the questions paper in English language alone. On this score the petitioner pleaded that 20% reservation given to the Tamil medium students should go.
7.Meeting the above contentions of the petitioner, the learned Additional Advocate General submitted that the challenge made to struck down the 20% reservation was already considered by a Hon'ble Division Bench of this Court in W.P.No.24647 of 2015 (J.Anthony Nisha Vs. State of Tamil Nadu rep. by the Secretary and others) by its order dated 13.08.2015 against the petitioner and therefore, the said contention made by the petitioner is liable to be rejected.
8.However, in reply, the petitioner submitted that the challenge made to 20% reservation was confined only to arts subjects, not to engineering subjects.
9.The contention of the petitioner that as the ratio laid down by this Court (stated supra) was made applicable to the non-engineering course, the same raito cannot be applied to this case, is rejected for the reason that the Tamil Nadu Government has issued an Ordinance No.3 of 2010, enacting the Tamil Nadu Official Language Act, 1956 and adopted Tamil as the official language of the State under Article 345 of the Constitution. While enacting the Act, the Government have taken note of the vital fact that those, who studied in Tamil medium have very little chances of getting selected in the employment of the Central Government, other State Governments or in private sectors, therefore, preference need be given to them in the State Government Services. On this basis, 20% reservation has been given to the persons who studied in Tamil medium. But, this issue having been already considered, the contention raised by the petitioner to quash the 20% reservation
should fail and accordingly it is answered.
10.Answering the second contention that he should be allowed to compete under 20% reservation category as the same was not made available to the candidates studied in the year 2009, the learned Additional Advocate General submitted that when the Government thought it fit to introduce this 20% reservation only with effect from 2010, it has to be applied only from the date of issuance of the said Notification and it cannot be extended with retrospective effect. I agree with the said submission made by the learned Additional Advocate General. 11.
Further, it is the contention of the petitioner that when the respondents have issued the notification inviting the application from the persons to take part in the examination giving 20% reservation to the Tamil medium students, the question paper should be prepared in Tamil language also for the Tamil medium students. In the present case, a common question paper has been prepared in English language, for both Tamil and English medium students. Therefore, according to the petitioner, there is no reasonableness in framing the question in English language and on this score, he pleaded reservation given to 20% Tamil medium should go.
12.This Court is unable to find any merit in the said claim of the petitioner, for a reason that when the Tamil medium students themselves have not raised any objection and that they have taken part in the examination answering the questions in English language, the petitioner cannot raise any objection.
For all these reasons, the writ petition fails and the same is accordingly dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar ssv To
1. The Chairman,
2. The Commissioner, Directorate of Technical Education (DoTE), 53, Sardar Patel Road, Guindy, Chennai-600 025.
3. The Principal Secretary to Government, Higher Education Department, State of Tamil Nadu, St.George Fort, Chennai-600 009.
4. The Secretary to Government, Personnel and Administrative Reforms Department, State of Tamil Nadu, St.George Fort, Chennai-600 009.
5. The Chief Secretary to Government, State of Tamil Nadu, St.George Fort, Chennai-600 009.
6. The Member Secretary,
7. The Registrar, Anna University, Chennai-600 025.
+cc to Mr.M.Vijayakumar,advocate sr83573 +cc to government pleader sr83670 W.P.No.29450 of 2017 and W.M.P.Nos.31731 & 31732 of 2017 nm(co) GSP/30/01/2018