LAWS(MAD)-2020-9-142

S.JEEVANA Vs. STATE OF TAMIL NADU

Decided On September 25, 2020
S.Jeevana Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) These two appeals arise out of a common judgment in two writ petitions that came to be filed by the appellants/petitioners claiming that since they have received their degrees while pursuing their educational career in Tamil medium, they were entitled to be given the benefit of appointment under 20% PSTM (Persons Studied in Tamil Medium) category, for which 20% posts in all public services are kept apart. They also contend that they were very much qualified and were eligible on merit, being possessed of the educational qualifications prescribed for the post in question, which was being unjustifiably denied by the respondents, hence, the said rights deserved to be enforced, but the learned Single Judge dismissed the writ petitions ignoring this mandate of law that requires offering of posts to the appellants under the 20% PSTM category.

(2.) The challenge raised was noted by us in our order dated 5.6.2020. Subsequently, the arguments were advanced on 18.8.2020, when the following order was passed:

(3.) Smt. Nalini Chidambaram, learned Senior Counsel, urges that the respondents are bound by their own terms of advertisement, where they have clearly professed to apply the provision of 20% benefit as extended by a State Act viz., The Tamil Nadu Appointment on Preferential Basis in the Services under the State of Persons Studied in Tamil Medium Act, 2010 (for brevity, "Act 40 of 2010"). For this, she has invited the attention of the Court to Notification No.12 of 2018, dated 4.7.2018, published by the Tamil Nadu Public Service Commission for appointment to the post of Forest Apprentice against 148 regular vacancies and 10 Scheduled Caste shortfall vacancies. All the appellants are applicants under the said notification against the 148 vacancies and she contends that under Clause 12(B), the advertisement categorically professes to apply 20% "reservation" of vacancies to be filled up on preferential allotment to the PSTM candidates. Clause 12(B) of the advertisement is extracted herein under: