J.Nalina Navaroj, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.4506 of 2015 and M.P.(MD) Nos.1 & 2 of 2015 J.Nalina Navaroj ... Petitioner vs.

1.The State of Tamilnadu rep.by its Secretary Department of School Education Fort St.George, Chennai-08 2.The Teachers Recruitment Board rep.by its Chairman 4th Floor, EVK Sampath Malikai DPI Compound, College Road Chennai-600 006 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents herein to consider the petitioner for appointment to the post of Post Graduate Assistant in Zoology under the category of preferential basis of "Persons Studied in Tamil Medium" under the recruitment process conducted by the 2nd respondent Teachers Recruitment Board for which the written examination was conducted on 10.01.2015.

For Petitioner :

Mr.T.Cibi Chakraborthy For Respondents :

Mrs.S.Srimathi Special Government Pleader for R1 Mr.V.R.Shanmuganathan Special Government Pleader for R2

O R D E R

The relief sought for in the present writ petition is to direct the respondents to consider the writ petitioner for appointment to the post of Post Graduate Assistant in Zoology, under the category of "Persons Studied in Tamil Medium" (hereinafter, referred as "P.S.T.M."), under the recruitment process conducted by the Teachers Recruitment Board for which, a written examination was conducted on 10.01.2015.

2. The selection process was concluded and the persons selected were already appointed in view of the fact that already four years lapsed. The grievance of the writ petitioner is that

she has studied B.Sc., Zoology in Tamil Medium and M.Sc., Zoology in English medium. Thus, she is entitled to be considered for appointment to the post of Post Graduate Assistant in Zoology under P.S.T.M.Category.

3. The learned Special Government Pleader appearing for the first respondent disputed the claim of the writ petitioner by stating that the requisite educational qualification prescribed for appointment to the post of Post Graduate Assistant in Zoology is M.Sc., Zoology with B.Ed. Thus, if any candidate studied the requisite qualification in the Tamil Medium, then alone, the benefit of priority quota under P.S.T.M.Category can be extended and not otherwise. When the writ petitioner has studied M.Sc., Zoology in English Medium, she is not entitled to avail the priority quota under P.S.T.M.Category.

4. The learned counsel for the writ petitioner states that in the State of Tamil Nadu, all M.Sc., courses are in English Medium. However, such a ground will not provide any right for the writ petitioner to claim appointment under P.S.T.M.Category. When the Government constituted a policy in order to give priority in respect of the persons, who studied in Tamil Medium, the policy is to be implemented strictly with reference to the terms and conditions of stipulated. The fact remains that the qualification prescribed for appointment to the post of P.G.Assistant in Zoology is M.Sc., Zoology with B.Ed., and the writ petitioner has studied M.Sc., Zoology in English Medium and therefore, the rejection of the candidature of the writ petitioner under P.S.T.M.Category is in consonance with the policy of the Government.

5. Accordingly, the writ petition is devoid of merits and the same is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) krk To:

1. The Secretary, Department of School Education, Fort St.George, Chennai-08.

2. The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Malikai, DPI Compound, College Road, Chennai-600 006.

+1CC TO M/S.ISAAC CHAMBERS, ADVOCATE, SR.NO.70378 W.P.(MD) No.4506 of 2015 and M.P.(MD) Nos.1 & 2 of 2015 20.06.2019 BUC(02/07/2019)3P/4C