WP/13848/2024 of M.SEETHA Vs THE SECRETARY on 25 September 2026

COMMON ORDER

In all those above writ petitions, the primordial issue that is required for our consideration is, whether the candidate, who studied his High School Education in Tamil medium from 1st standard to 10th standard in a School and writing his 12th standard examination through private mode in Tamil medium, before completing his degree, would entitle to have reservation under PSTM category. To put it very simply, whether a person who completes 12th standard examination privately can come under the PSTM quota.

2. Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondent. 3(a).The learned counsel for the petitioner would submit that the petitioners have applied for the post of combined Civil Services Examination-II through TNPSC notified under Notification No.03/2022 dated 23.02.2022. The petitioners, who did not study their 12th standard through regular school mode, and directly stood for +2 exam privately. They succeeded in their 12th standard exam by writing examination in Tamil. It is also the contention of the petitioners that since because they have completed 12th standard through private mode, they have not been considered under PSTM reservation.

(b) .The learned counsel would further submit that the Division Bench of this Court in Tamil Nadu Public Service Commission Vs. C.Dineshkumar [W.A.No.2164 of 2024 dated 29.10.2024] has directed the respondent-Authority to give PSTM benefit to a candidate, who has attended 10th standard exam privately, though he has completed his studies from 1st standard to 9th standard in a school. She would further submit that the said order was later upheld by the Hon’ble Supreme Court in SLP(Civil) No.9599 of 2025 [Tamil Nadu Public Service Commission Vs. C.Dineshkumar]. It is the contention of the petitioners that the object of the Legislation viz., the Tamil Nadu Appointment on Preferential Basis in the Services under the State of Persons studied in Tamil Medium Act, 2010 was enacted to provide preferential appointment to the persons, those who have studied in Tamil medium. However, the said

Legislation has never prohibited the person to consider under the above category, while for some reason, they could not attend some classes in schools. Hence, prayed to allow these writ petitions.

4. Per contra, though the learned Standing Counsel for the respondent objected the said contention, he would contend that the Legislation specifically states that the persons, those who have studied in Tamil medium from 1st standard till the qualification prescribed for Direct Recruitment are alone eligible to have PSTM reservation. He would also contend that Dineshkumar’s case [cited supra] is slightly different from the facts of the present case, as in that case, the candidate had studied from 1st standard to 9th standard and wrote 10th standard privately. Therefore, it must be construed that in his High School education upto 9th standard he studied in a school. Whereas, in the case in hand, the petitioners did not attend any class qua 11th standard or 12th standard in a school, and their entire higher secondary school education was through private mode. He would also rely upon the G.O.Ms.NO.16 dated 15.04.2025, wherein the Government has clarified that the candidates, who are writing examination in Tamil medium of instruction as private candidates without going to school are not eligible for this preference. In spite of such specific exclusion, if we give such benefits benefits to the petitioners those who have not at all gone to school for higher secondary studies, then it would be against the object and spirit of the Act. But, in all fairness he would submit that, in a similar set of facts this Court in the two Division Bench orders in WA.(MD).No.2465 of 2024 dated 03.12.2024 [The Secretary and others Vs. S.Deepa and another], and in WA(MD).No.1743 of 2024 dated 08.08.2025 [Tamil Nadu Public Service Commission Vs. R.Saravanan and another] has followed the judgment of Dineshkumar’s case [cited supra] and given benefit to the similarly placed persons in an identical case. Hence, prayed to dismiss the writ petitions.

5. I have given my anxious consideration to either side submissions.

6. In order to understand the issue with more clarity, this Court deems it appropriate to provide the TNPSC’s chart showing the status of individual writ petitioners details such as school, private study etc., and the same is as follows:- WP.No.& Name of the petitioner School study Pvt.study School/Pvt. study-’Not Attended’ Status

of candidature under PSTM category Status

of candidature under NON-PSTM category WP.Nos.13848 & 26057 of 2024 M.Seetha Std. 1 to 10- Attended regular school in Tamil medium

of instruction Std.12th

-Pvt. Study in Tamil medium

of instruction Std. 11th -Neither attended school nor Pvt. Study Based on interim Orders, candidate was considered under

PSTM category-Came within the zone of consideration- Provisional selection order issued-For post of Assistant

in Revenue Dept.- Selection

has been withheld subject

to outcome of WP If considered under

NON- PSTM category- candidate is not within the zone of consideration

WP.Nos.13883 & 26352 of 2024 L.Selvi Std. 1 to 8- Attended regular school in Tamil medium

of instruction Std.10th & 12th -Pvt.Study

in Tamil medium of instruction Std. 9Th & 11th -Neither attended school nor Pvt. Study Based on interim Orders, candidate was considered under

PSTM category-Came within the zone of consideration- Provisional selection order issued-For post of Assistant

in Medical & Rural Health Services Dept.-Selection has been withheld subject

to outcome of WP If

considered under

NON- PSTM category- candidate is not within the zone of consideration WP.No.14169 of

M.Raja Mohamed Std. 1 to 10- Attended regular school in Tamil medium

of instruction Std.12th -Pvt. Study in Tamil medium

of instruction Std. 11th -Neither attended school nor Pvt. Study Based on interim Orders, candidate was considered under

PSTM category-Came within the zone of consideration- Provisional selection order issued-For post of Assistant

in Police

Dept.- Selection

has been withheld subject

to outcome of WP If

considered under

NON- PSTM category- candidate is not within the zone of consideration WP.No.13888 of

D.Ezhilarasi Std. 1 to 10- Attended regular School in Tamil medium

of instruction Std.12th

-Pvt. Study in Tamil medium

of instruction Std.11th -Neither attended school nor Pvt.Study Based on Interim Orders, candidate was considered under

PSTM category-Did not come within the zone

of consideration- Hence

Memo issued. Not within the zone

of consideration WP.No.13849 of

Direct 2nd Std.- i.e., Std. 2 to 12- Attended regular School in Tamil medium

of instruction -Nil- Std.

I-Neither attended school nor Pvt. Study Based on Interim Orders, candidate was considered under

PSTM category-Did not come within the zone

of consideration- Hence

Memo isued Not within the zone

of consideration.

On perusal of the above chart, all the above petitioners did not attend 11th standard in a school. Whereas in Dineshkumar’s case [cited supra] the applicant has completed his study from 1st standard to 9th standard in a school.

7. At this juncture, the learned counsel for the petitioner would rely upon the G.O.Ms.No.16 dated 15.04.2025 in which, under the Right to Education Act, if any student is directly admitted between 2nd standard to 8th standard would become eligible under the PSTM category. Therefore, it is amply clear that merely because of some genuine reason or for other reason such as economy status, if a person could not attend their regular school, as indicated in the above G.O, that by itself will not take away their PSTM reservation right.

8. In the cases in hand, all the petitioners have studied Tamil medium from 1st standard to 10th standard in a regular school. However, they did not go 11th standard and 12th standard in a regular school, but directly wrote their 12th standard exams privately. It is not in dispute that all the above petitioners have wrote the exams, but in Tamil medium. As rightly contended by the learned counsel for the petitioner, without studying the subject in Tamil medium, it would become difficult for the candidates, to appear for exam in Tamil medium. In the cases in hand, all the petitioners are admittedly wrote their exams in

Tamil medium, which factum was also proved before the respondent-Authority by providing the relevant certificate.

9. As already stated, this Court has granted relief to a similarly situated person in S.Deepa’s case [cited supra], by following Dineshkumar’s case [cited supra]. The factual aspect has been held in paragraph 2 of the above cited case and same reads as under:- “2.In the order passed in the Writ Petition dated 29.04.2024, the respondent / candidate was permitted to participate in the further course of selection by treating her under PSTM category. In the said order of the learned Single Judge, the Government order in G.O.(Ms).No.82, Human Resources Management (S) Department dated 16.08.2021, was read down and the candidates who had completed their 12th examination privately in Tamil medium were recognized to be eligible under PSTM category. After passing of the order in the writ petition, the Coordinate Bench of this Court in the case of Tamil Nadu Public Service Commission Vs. C.Dineshkumar in W.A.(MD)No.2164 of 2024 dated 29.10.2024, had an occasion to deal with a similar issue and had recognized the status of the students who had completed the higher secondary education in Tamil medium through private study, to be eligible under PSTM category. The relevant portion of the order reads as follows: “11.The primodial contention of the appellant revolves around the eligibility of the respondent under the PSTM (Persons Studied in Tamil Medium) category, as defined in Notification No. 03/2022, dated 23.02.2022. The appellant-department argues that since the respondent completed his 10th standard privately, he does not meet the criteria for the PSTM category. However, the materials show that the respondent completed his education from 1st to 9th standards in Tamil medium at a regular school, and while he studied privately for the 10th standard, he took the exam in Tamil medium. He subsequently completed his higher secondary education (11th and 12th standards) in Tamil medium at a regular school and also completed his undergraduate degree in Tamil medium. The overall circumstances of his education demonstrate consistent Tamil medium instruction, which aligns with the intent of the PSTM quota. The writ court rightly recognized this broader interpretation of eligibility, focusing on the fact that the respondent wrote his 10th standard examination in Tamil medium.

12. The appellant department's action of withholding the respondent’s candidature is based on the argument that private study for the 10th standard disqualifies him from the PSTM category. However, the Government Order G.O.(Ms) No. 82, dated 16.08.2021, protects candidates who have studied in Tamil medium, even if certain exams were completed privately, provided there is certification from the relevant authority confirming the use of Tamil medium. In this case, the respondent obtained a certificate from the Joint Director, Directorate of Government Examinations, Chennai, dated 09.03.2022, which confirmed that the respondent took his 10th standard exam in Tamil medium, fulfilling the essential requirement for consideration under the PSTM category. The certificate issued by a competent authority is valid and stands as adequate proof of the respondent’s eligibility.

13. In the present case, the certificate issued by the Joint Director itself is explanatory which clearly proves that the respondent has passed the higher secondary examination through medium of instruction in tamil. The said certificate has not been disputed by the appellant herein and therefore, the contention of the appellant that the respondent studied in tamil medium privately is unsustainable on the simple ground that the educational authorities themselves issued the said certificate. Even though the appellant has strongly contended that the respondent has not studied his higher secondary examination in tamil medium, they have not produced any material to prove that the respondent has studied in medium of instruction other than tamil medium. The submissions made by the learned senior counsel for the appellant are unfounded and liable to be rejected, therefore, the writ court's decision to allow the writ petition is correct and requires no interference.”

10. Similarly, in R.Saravanan’s case [cited supra], the Hon’ble Division Bench has also followed Dineshkumar’s case [cited supra] and granted the relief in identical fact situation. Therefore, as rightly contended by the learned Standing Counsel, this issue is no longer res integra. Hence, the petitioners though did not attend their 11th standard and 12th standard in a regular school, having proved that they wrote their examinations in Tamil medium for 12th standard privately, and having produced the certificate to that effect, before the respondent, this Court is of the firm view that they are entitled to have PSTM benefit.

11. At this juncture, the learned Standing Counsel appearing for the TNPSC would submit that the petitioners in WP.No.13848 of 2024 [M.Seetha], WP.No.13883 of 2024 [L.Selvi], WP.No.14169 of 2024 [M.Raja Mohamed] had come within the zone of consideration under the PSTM category, as indicated in the chart[extracted hereinabove]. Therefore, they are eligible to have the reservation under PSTM, as a consequence the respondent is directed to issue appointment order to them within a period of two(2) weeks from the date of receipt of a copy of this order. Whereas the petitioner in WP.No.13888 of 2024 [D.Ezhilarasi] and WP.No.13849 of 2024 [S.Thangaraj], though they are entitled to have a benefit under PSTM quota, since they did not come within the zone of consideration, no further order is required. Hence, they are not eligible for any appointment.

12. Accordingly, all the writ petitions are allowed as indicated above. No costs. Consequently, connected WMPs are also closed. 25-09-2026 Index: Yes Speaking order Neutral Citation: Yes KMI Note:Registry is directed to incorporate all Cause titles for all the cases and issue order copy. To The Secretary, Tamil Nadu Public Service Commission, Voc Nagar, Park Town, Chennai 600 003.

C.KUMARAPPAN J. KMI PRE-DELIVERY ORDER IN WP Nos. 13848, 13849, 13888, 13883, 14169, 26352 & 26057 of 2024 AND WMP NOS. 12766 OF 2026, 15006, 15007, 15008, 15009, 15010, 15011, 15069, 15072, 15061, 15064 & 15354 OF 2024 25-09-2026