"Sine Qua Non For Efficient Discharge Of Functions": Madras High Court Upholds GO Mandating 40% Marks In Tamil Paper For Group-IV Govt Jobs

Justice GR Swaminathan held that sufficient knowledge in Tamil was a sine qua non for the efficient discharge of the functions and duties as the persons placed in Group-IV posts will have to have direct interaction with the people.

“As rightly pointed out by the learned Advocate General, persons in Group-IV posts will have to have direct interaction with the people and they ought to have sufficient knowledge in Tamil. They should be able to fluently converse and write in Tamil. This is a sine qua non for efficient discharge of their functions and duties. This can be found out only by making them write the eligibility paper. The employer does not insist that the candidates should secure 100% of the marks in the eligibility papers. What is expected is mere pass mark of 40%,” the court observed.

The petitioner informed the court that as per the scheme of the examination, there were two parts- A and B. Only if a candidate had secured a minimum of 40% marks in Part A (Tamil Eligibility cum Scoring Test), Part B will be taken up for evaluation. The petitioners argued that the GO issued by the Government and the subsequent notification issued by the TNPSC were illegal, discriminatory and violative of Articles 14 and 16 of the Constitution.

The petitioners further argued that as per Tamil Nadu Appointment on a preferential basis in the Services under the State of Persons Studied in Tamil Medium Act, 2010, a 20% horizontal reservation was provided for persons who studied in Tamil medium. It was contended that the impugned GO and the notification would end up giving 100% reservation.

The State, however, contended that the GO was in consonance with Section 21A of the Tamil Nadu Government Servants (Condition of Service) Act 2016. It was also submitted that subordinate legislation could be challenged only on certain grounds which was absent in the present case. it wqs further submitted that the policy decision of the government could not be challenged on the grounds alleged by the petitioners.

The court noted that the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, which was enacted to regulate the service conditions, in Section 21 mandates the Government Servants to have adequate knowledge of Tamil. The court noted that as per Section 21A of the Act, which was introduced in 2021, any person who applies for recruitment to any post in any service by direct recruitment shall pass the Tamil Language paper with not less than 40%.

The court thus observed that the GO was in consonance with the Act which had not been challenged by the petitioners. The court noted that the scope of controversy had become limited. It said that as long as the parent provision was occupying the field, unless it was shown that the GO was violative of the parent provision, its validity could not be questioned.

The court also said that the Government, being the employer, had the power to prescribe the qualifications of the candidates proposed to be selected.

Thus, finding no unreasonableness, the court refused to interfere with the GO and the notification.

Counsel for the Petitioner: Ms.Nalini Chidambaram, Senior counsel, for Ms.C.Uma

Counsel for the respondent: Mr. P.S. Raman, Advocate General, assisted by, Mr.D.Ravichander, Special Government Pleader

Citation: 2024 LiveLaw (Mad) 226

Case Title: S Nithesh and Others v The State of Tamil Nadu

Case No: W.P.Nos.13034 & 13038 of 2024