Madras High CourtWP/35457/2023dismissed as infructuous

A.Gobalakrishnan v. The Chairman

2025-02-03Honourable Mrs Justice V.Bhavani Subbaroyan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN A.Gobalakrishnan

...Petitioner

1. The Chairman, Guindy, Chennai - 600 025.

2. The Director, Guindy, Chennai - 600 025.

3. The Chairman, Board of Examinations, Guindy, Chennai - 600 025.

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4. The Member Secretary, Guindy, Chennai - 600 025.

5. The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, VOC Nagar, Park Town, Chennai - 600 003.

6. The Correspondent, Meenakshi Krishnan Polytechnic College, No.4, Ramson Gardern, Sankar Nagar, Pammal, Chennai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the fourth respondent to consider the petitioner's representation dated 29.11.2023 and pass orders to appoint the petitioner in the post of Road Inspector under the cadre of PSTM in accordance with law within the time stipulated by this Court. For Petitioner : Mr.K.Thamizharasan For Respondents : Mr.T.M.Rajangam, Government Advocate (for R1 to R4) Mr.I.Abrar md Abdullah (for R5) 2/8

ORDER

This Writ Petition has been filed to direct the fourth respondent to consider the petitioner's representation dated 29.11.2023 and pass orders to appoint the petitioner in the post of Road Inspector under the cadre of PSTM in accordance with law within the time stipulated by this Court.

2. The case of the petitioner is that he has completed his SSLC and HSC through Tamil medium and thereafter, completed his Polytechnic Course in Meenakshi Krishnan Polytechnic College in Tamil medium. By notification dated 30.10.2018, the fifth respondent has issued a notification dated 30.10.2018 calling for the post of Draughtsman, Grade III in the Town and Country Planning Department. Thereafter, the petitioner sent a representation dated 05.11.2018 seeking to issue certificate that he has studied in Tamil medium and the same was not considered. Subsequently, the petitioner has filed a Writ Petition in W.P.No.30591 of 2018 before this Court seeking direction to the first respondent to consider the aforesaid representation and this Court by 3/8

order dated 20.11.2018, directed the first respondent to consider that representation on or before 23.11.2018.

2.1. Thereafter, the first respondent rejected the petitioner's claim by proceedings dated 23.11.2018. Further, the fourth and fifth respondents have called for the post of Road Inspector and conducted examination through their Advertisement No.646 and Notification dated 13.01.2023, the petitioner has also applied for the same and attended the exam. Thereafter, the petitioner send a detailed representation dated 29.11.2023 to the fourth respondent by requesting to appoint him in the post of Road Inspector in the preference of PSTM and the same has not been considered till date. Hence, this Petition has been filed.

3. The second respondent has filed a counter affidavit dated 21.03.2024 revealing that necessary reply has been sent to the petitioner through letter No.46707/Y2/2023 dated 22.12.2023. In a Writ Petition in W.P.No.16364 of 2021 filed by one K.Sudharsan to issue a writ of Mandamus directing the respondents to issue (PSTM) Person Studied in Tamil Medium Certificate, this Court issued the order as follows:- 4/8

"The issue involved in the present Writ Petition is squarely covered by the judgement of the Hon'ble Full Bench in R.Boominathan Vs. Government of Tamil Nadu reported in (2019) 4LW 785. The Hon'ble Full Bench has categorically held that a candidate, who claims to be entitled under the PSTM category must have undergone the course in Tamil medium and it is not enough if the exam is written in Tamil. The judgement was also subsequently followed in K.Jayabharathi Vs. State of Tamil Nadu reported in 2019 (2) Writ LR 933.

In view of the above, the relief sought for by the petitioner cannot be granted by this Court since admittedly the medium of instruction in the Diploma course was only in English."

Further, though the petitioner has a choice of writing his exams in Tamil, the medium of instruction is only in English. Thus, the claim of the petitioner that he is entitled to avail "PSTM" is far fetched. Accordingly, the first respondent has rejected the claim of the petitioner seeking to 5/8

issue a certificate that he has studied the Diploma in Civil Engineering in Tamil Medium vide letter No.46707/Y2/2023 dated 22.12.2023 is legally valid.

4. In such circumstances, the learned counsel for the petitioner, on instructions, states that the relief sought in the Writ Petition has become infructuous and has made an endorsement to that effect in the court record.

5. In view of the same, the Writ Petition is dismissed as infructuous. No costs.

03.02.2025 Index:Yes/No Speaking order/Non-speaking order kv To