Petitioners seeking appointment as Sub-Inspector under 20% Tamil Medium quota were dismissed. Court held PSTM preference applies only to first appointments via direct recruitment, excluding departmental promotion candidates.
Writ petition dismissed; relief of appointment under PSTM quota denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.Nos.38564 of 2015 and 38598 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2023
CORAM:
THE HONOURABLE DR. JUSTICE D.NAGARJUN
W.P.Nos.38564 and 38598 of 2015
Vs
…Respondents in all the writ petitions
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a mandamus, directing the second respondent to select and appoint the petitioner as Sub-Inspector of Police under 20% PSTM (persons studied in Tamil Medium) quota and to grant marks in respect of the disputed questions.
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For petitioners In both the writ petitions : Mr.D.Hari Harasudhan For Mr.S.Sivakumar
For R1 and R3 In both the writ petitions : Ms.C.Sangamithirai Special Government Pleader For R2 : Ms.Sowmi Dattan
JUDGMENT
These writ petitions are filed seeking a direction to the second respondent to select and appoint the petitioner as Sub-Inspector of Police under 20% PSTM (persons studied in Tamil Medium) quota and to grant marks in respect of the disputed questions.
W.P.Nos.38564 of 2015 and 38598 of 2017
“ 3(1) Notwithstanding anything contained in any law for the time being in force and subject to Section 5, twenty percent of all vacancies in appointment in the services under the State which are to be filled through direct recruitment shall be set apart on preferential basis to persons studied in Tamil Medium.”
that PSTM is applicable only to the persons who seek first appointment to any service under the State but the petitioners has already been serving in the Police Department cannot claim the PSTM priority as like in the direct recruitment.
As per Section 2(a) of the Tamil Medium Act, 2010,the relevant portion is read as follows:
" 2. In this Act, unless the context otherwise
requires:-
(a) “Direct recruitment”, means first appointment of a person to any service under the State in accordance with the rules or regulations or orders in force."
been working as Police Constable Grade I cannot avail the benefit of 20%
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vacancy under the PSTM category since they are Departmental quota candidate who are already in service as a Head Constables and hence cannot claim for PSTM priority category as per the definition under Rule 2(a) of Tamil Nadu Appointment on preferential basis in the services under the State to the persons studied in Tamil Medium Act.
21.12.2023
Vca Index : Yes/No Internet : Yes/No Neutral Citation Case : Yes/No
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To
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Dr.D.NAGARJUN.,J
vca
W.P.Nos.38564
and 38598 of 2015
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21.12.2023
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1 issue framed by the court
Whether police constables already in service can claim preference under the Tamil Medium Act for promotion/sub-inspector appointments.
D. Thilaga
S. Sivaganesan
The Secretary to the Government, Home (Police) Department
The Chairman/Director General of Police, Tamil Nadu Uniformed Services Recruitment Board
The Director General of Police
D. Nagarjun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
