G.SAKTHI RAO Vs. UMA MAHESHWARI IAS

JUDGEMENT

(1.) Reservation is a policy tool adopted by the State to ensure substantive equality by providing preferential opportunities in education and public employment to historically disadvantaged and underrepresented Sec. of society. Within this broader framework, the Tamil Nadu Appointment on Preferential Basis in the Services under the State of Persons Studied in Tamil Medium Act, 2010 (hereafter referred to as "PSTM Act") was introduced to promote and protect the interests of students who pursued their education in Tamil medium.

(2.) The PSTM Act was introduced with the object of remedying the disadvantage faced by persons educated in Tamil medium in securing employment, particularly Government services, and the private sector, by extending a measure of preference in appointments under the State. This preference was provided by way of 20% reservation for persons who have completed their education in Tamil medium in all appointments to State services made through direct recruitment. It aimed to create adequate employment opportunities for such candidates so as to sustain and promote Tamil as a medium of instruction, and to foster an environment in which pursuing education in Tamil medium becomes a viable and meaningful choice to the people. By creating a level playing field, the Act seeks to preserve the linguistic and cultural identity of the state.

(3.) However, the reservations provided under the PSTM Act has been misused depriving the rightful beneficiaries of its protection. Instead of providing a valuable opportunity to the candidates who have pursued their entire education in Tamil medium, the candidates who have not done their schooling in Tamil medium are getting reservation benefits under PSTM quota by obtaining only the prescribed degree qualification through Tamil medium. Such degrees were also obtained through distance education without any clarity on whether the candidates had actually studied the courses in Tamil medium. There are also serious allegations that the candidates are obtaining fake degree certificates in a fraudulent manner from various universities in order to avail the benefits of PSTM reservation.