Not finding any infirmity in the single judge’s decision, the Division Bench led by the Chief Justice said: “Merely because postgraduate programmes are not being offered in Tamil language in the said subjects cannot be a ground to seek any further benefit in as much as the appellant still has an opportunity of being considered under general quota.
TAMIL NADUCourse not being offered in Tamil medium cannot be a ground to seek reservation under that quota: HC
Legal CorrespondentCHENNAI 20 JUNE 2020 19:48 ISTUPDATED: 20 JUNE 2020 19:48 IST
A person who studied in Tamil mediumup to undergraduate level cannot claim reservation under the Persons who had Studied in Tamil Medium (PSTM) quota in government service if the requisite educational qualification for the post was a postgraduate degree or above, the Madras High Court has said.
First Division Bench of Chief Justice Amreshwar Pratap Sahi and Justice Senthilkumar Ramamoorthy said even if certain postgraduate programmes were not offered in Tamil medium and therefore the candidates had no choice but to study them in English medium, such reasons could not be cited to claim PSTM quota.
The judgment was passed while dismissing a writ appeal preferred by J. Prabhu, an aspirant to the post of Assistant Professor in Chemistry in Government Arts and Science Colleges. Though the appellant had done his schooling as well as undergraduate course in Tamil medium, he had obtained M.Phil and Ph.D., qualifications through English medium.
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His counsel G. Thalaimutharasu contended that the petitioner was unable to pursue higher studies in Tamil medium because those courses were offered only in English medium. Opposing his plea, the Teachers Recruitment Board as well as Director of Collegiate Education told the court that in such a case, he could apply only under general quota.
Accepting their submission, Justice M. Dhandapani of the High Court had rejected his writ petition for being considered under PSTM quota and hence he had come on appeal.
Not finding any infirmity in the single judge’s decision, the Division Bench led by the Chief Justice said: “Merely because postgraduate programmes are not being offered in Tamil language in the said subjects cannot be a ground to seek any further benefit in as much as the appellant still has an opportunity of being considered under general quota.
![Code of Civil Procedure, 1908 ; Order 23 Rule 3 and Order 43 Rule 1A – An aggrieved person against the compromise decree has a right to file an application before the Court which granted the decree – He has the right to avail either the remedy of appeal in terms of Order 43 Rule 1A CPC or by way of an application before the court granting decree [Referred to Banwari Lal V. Chando Devi (Smt.) (Through LRS.) & Anr.’ (1993) 1 SCC 581] HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE V. RAMASUBRAMANIAN](https://www.sekarreporter.com/wp-content/themes/hueman/assets/front/img/thumb-medium-empty.png)
