Chennai: The Madras high court has directed the authorities to consider the cases of the candidates, who have opted the Tamil quota, by verifying the online application as well as certificate verification in the prescribed format and thereafter, redraw the selection list by providing the quota allotted to Persons Studied in Tamil Medium (PSTM) and thereafter, finalize the selection list to the post of Drawing teacher and appoint them.
Justice S.M.Subramaniam gave the directive while allowing a batch of petitions from F.Rizwana and others.
According to petitioners, they have passed their respective S.S.L.C. and the Higher Secondary course. They have passed the Technical examination higher grade in Free Hand Out line Model Drawing and some of them have secured higher grade in sewing and Needle Works examination. They were eligible and qualified for appointment to the post of Special Teacher for Drawing as well as Sewing and Needle Works. Their grievance was that they had submitted their respective online applications,
pursuant to the recruitment notification issued by the Teachers Recruitment Board on July 26, 2018. The online application provides separate column in respect of the qualification required by the respective candidates. As far as the medium of instruction was concerned, the same was provided against the
column meant for SSLC and HSC/Equivalent. However, there was no separate column provided in respect of the qualification of
technical education. They stated that they had undergone courses in Drawing as well as Sewing and Needle Works by writing examinations in Tamil medium. Their efforts to get certificate in respect of the medium of instructions for their courses went in vain as the authorities refused to give the same.
The position was confirmed by both Special government pleader C.Munusamy and government advocate P.Kavitha, by stating that no such certificate was issued by the Director of Government Examinations, as the same were unable to be issued, for want of records.
Adopting a pragmatic approach for the purpose of balancing the issues as well as in the matter of
extending the quota for the persons who studied in Tamil Medium, the judge said admittedly, all the
petitioners have submitted the online applications stating that they were eligible to avail the quota allotted for the PSTM. Even during the certificate verification, they have stated that they have studied in Tamil Medium. As afar as the application form was concerned, the medium of instruction was provided only against the column provided for SSLC and HSC/Equivalent. As far as the technical education column was concerned, no medium of instruction was provided. Thus, the authorities cannot now direct the candidates to secure the certificate from the Director of Government Examinations, who in turn, refused to give such certificates, on account of the fact that those options were not available with the office of Director of Examinations, the judge added.
The judge said under these circumstances, this court was of an opinion that as per the online application, the authorities competent were bound to verify the medium of instructions in respect of SSLC and HSC/Equivalent. As far as the technical qualification of higher grade examinations were concerned, the candidates can be considered based on their declaration and based on the certificate verification done by the competent authorities at the time of the selection process. However, such undertaking and the statement given by the candidates during the certificate verification process can be verified and scrutinized by the competent authorities with the Director of Government Examinations or with any other
authorities, if necessary, the judge added.
The judge made it clear that in the certificate verification form, if any candidate has not opted the medium of instructions such candidates were not eligible to avail the quota allotted for the PSTM. If any of the candidates have not stated that he has studied in Tamil Medium, then such candidates were not eligible for the quota as the persons studied in Tamil Medium in respect of all other candidates, who have opted the Tamil quota both in the online application and in the certificate verification process in the prescribed format, those candidates can be considered in the PSTM quota and accordingly, the authorities were directed to consider all the cases of the petitioners by verifying the online applications as well as in certificate verification in the prescribed format and thereafter, redraw the selection list by providing the quota allotted to the PSTM and thereafter, finalize the selection list and appoint the candidates by following the procedures, the judge added.
