TRB: முதுகலை ஆசிரியர் தேர்வில் தமிழ் வழி இடஒதுக்கீடு தீர்ப்பின் முக்கிய பகுதிகள்

முதுகலைஆசிரியர்தேர்வில்தமிழ்வழிஇடஒதுக்கீடுகுறித்துவணிகவியல்முதுகலைபட்டதாரிகள்பூங்கோதை, மாரியம்மாள்ஆகியோர்சென்னைஉயர்நீதிமன்றமதுரைக்கிளையில்தாக்கல்செய்தவழக்கில்

நீதியரசர்நாகமுத்து முதுகலை பட்டத்தையும் பி.எட் பட்டத்தையும் தமிழ்வழியில் படித்திருந்தால் போதுமானது எனவும் இளங்கலை பட்டப்படிப்பில்தமிழ் வழி அவசியமில்லை எனதீர்ப்பளித்துள்ளார். தீர்ப்பின் முக்கிய பகுதிகள் உங்களுக்காக......

# This Writ Petition is preferred under Article 226 of the Constitution of

India, to issue a writ of Mandamus, to direct the respondents herein to consider

the petitioner for appointment to the post of Post Graduate Assistant in

Commerce under the category of preferential basis of "Persons Studied in Tamil

Medium" under the recruitment process conducted by the 2nd respondent Teachers

Recruitment Board for which the written examination was conducted on 21.07.2013

# As we are able to see in the definition clause, as the term "person

studied in Tamil Medium", the candidate should have obtained the educational

qualification or qualifications prescribed for direct recruitment in Tamil

Medium. In this context, we have to refer to the Special Rules. As I have

already pointed out, the qualifications prescribed for the direct recruitment to

the post of Post Graduate Assistant is a Master's Degree in the said subject

with B.Ed. degree in the same subject. Therefore, if a candidate has studied

P.G. course and B.Ed. course in the relevant subject in Tamil Medium, then he

will fall within the definition of the persons studied in Tamil Medium, as

defined in Section 2(d) of the Act. If a particular candidate had studied the

U.G. course also in the same subject in the matter of selection, he will have

preference, when there are more than one candidate, who have got equal merit.

Therefore, in my considered opinion, a plain reading of the Special Rules and

the Act would go to show that it is not at all necessary that to get the

benefits of the Act, one should have studied in Tamil Medium both in the U.G.

level as well as in P.G. level, besides B.Ed. level. I hold that it is suffice

that the candidate has studied P.G. course and B.Ed. course in Tamil Medium.

The medium of instructions in U.G. level is immaterial. If the recruitment is

to the post of B.T. Assistant, then only the candidate should have studied in Tamil

Medium in U.G. as well as in B.Ed. level.

# In view of the above, in the instance cases, since the petitioners,

who have applied for the post of P.G. Assistants, have studied in Tamil Medium

in P.G. level as well as in B.Ed level, they are entitled for the benefit of

Section 3 of the Act.

# In the result, these writ petitions are allowed with a direction to

the respondents to give the benefit of Section 3 of the Act. The respondents

should issue appointment orders to them by giving preference, provided they

satisfy the other qualifications and merits. No costs. Consequently, connected

miscellaneous petitions are closed.