SECRETARY, DEPARTMENT OF SCHOOL EDUCATION Vs. R.VIJAYALAKSHMI

JUDGEMENT

(1.) These batch of appeals arise out of two judgments dated 12.03.2019 and 28.03.2019, whereby the same learned Single Judge has identically pronounced judgments on similar lines calling upon the authorities to verify the medium of instruction and has directed that the technical qualification of the respondents/petitioners in the Higher Grade Examinations be considered based on their declaration and on the certificate verification done by the competent authorities at the time of the selection process for appointment on the post of Special Teachers. It has further been directed that the same can also be verified and scrutinized by the competent authorities with the Director of Government Examinations for the purpose of extending the benefit of horizontal reservation under the "Persons Studied in Tamil Medium" (PSTM).

(2.) The challenge raised by the Government is that such benefit of horizontal reservation can be claimed only by evidencing the same through a certificate issued as per the relevant Rules and the terms and conditions of the advertisement for appointment on the post of Special Teachers (Sewing, Music, Drawing and Physical Education) in the School Education Department.

(3.) The challenge came to be raised only after the provisional select list had been declared and all the respondents/petitioners had undertaken the examinations under the advertisement governed by the relevant Rules without challenging any of the aforesaid provisions or conditions contained in the advertisement. A mandamus was, therefore, prayed for to direct the appellant to appoint the respondents/petitioners as Special Teachers in the respective subjects on the ground that they have received the entire education in Tamil medium and therefore, they are also entitled to the horizontal reservation of 20% quota fixed under the PSTM category. The select list was prayed to be redrawn accordingly.