The Tamil Nadu Persons Studied in Tamil Medium Act 2010

233TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
An Act to provide  preference in appointment in the services under the State to
persons who have obtained the educational qualification prescribed for direct
recruitment  through Tamil medium of instruction.
WHEREAS under Article 345 of the Constitution, the Legislature of the State has
been given power to adopt any one or more of the languages in use in the State for
official purposes;
AND WHEREAS  the State of Tamil Nadu enacted the Tamil Nadu Official Language
Act, 1956 ( Tamil Nadu Act XXXIX of 1956) and adopted Tamil as the Official language
of the State under Article 345 of the Constitution;
AND WHEREAS the Official Languages Act, 1963 (Central Act 19 of 1963) provides
for continuation of English language for all the official purposes of the Union and for
the transaction of business in Parliament;
AND WHEREAS the first proviso to section 3 (1)(b) of Central Act 19 of 1963 provides
that English shall be used for purposes of communication between the Union and the
States;
AND WHEREAS Article 348 in Chapter III of Part XVII of the Constitution provides
that notwithstanding anything contained in the provisions of that Part, until the Parliament
by law otherwise provides, all proceedings in the Supreme Court and in every High Court
shall be in the English language;
AND WHEREAS  Tamil has been used as the language of Courts upto the district
level inclusive of drafting of pleadings of parties, taking evidence, arguments of respective
counsel for the parties and writing of judgements;
AND WHEREAS those who have studied in Tamil Medium have very little chances
of getting selected in the employment of  Central Government, other State Governments
or in Private Sectors, and therefore preference need be given to them in the State
Government  Services;
AND WHEREAS under Article 14 of the Constitution, mere differentiation or inequality
of treatment does not per se amount to differentiation within the inhibition of the equal
protection clause and to attract the operation of the clause, it is necessary to show that
the selection or differentiation is unreasonable or arbitrary; that it does not rest on any
rational basis having regard to the object which the Legislature has in view;
AND WHEREAS the classification between persons who obtained the educational
qualification prescribed for direct recruitment through Tamil medium of instruction and
persons studied in other medium has a reasonable relation to the object sought to be
achieved;
AND WHEREAS such classification neither crosses the frontiers of Article 16 of the
Constitution nor prejudices the reservation policy of the State made thereunder;
AND WHEREAS the equality of opportunity of all citizens with similar qualifications
relating to appointment to any services under the State does not get altered in view of
such classification;
AND WHEREAS the provisions of the Tamil Nadu Backward Classes, Scheduled
Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and  of
appointments or posts in the Services under the State) Act, 1993 (Tamil Nadu Act 45
of 1994) are not transgressed;
AND WHEREAS unless employment opportunities are provided for persons studied
in Tamil medium, there is no scope for the populace of the State to pursue school and
college career through Tamil medium;
AND WHEREAS in order to facilitate a conducive environment for the populace
to prefer Tamil medium of instruction at all levels of education, appointment to any
services under the State on preferential basis of persons studied in Tamil medium is
a rational classification;
The following Act of the Tamil Nadu Legislative Assembly received the assent of the
Governor on the  27th November 2010 and is hereby published for
general information:—
ACT  No. 40 OF 2010.
234 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Sixty-first Year of the Republic of India as follows:—
1. (1) This Act may be called the Tamil Nadu  Appointment on preferential basis
in the Services under the State of Persons  Studied in Tamil Medium Act, 2010.
(2) It shall be deemed to have come into force on 7th day of September 2010.
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;
(b) “Government” means the State Government;
(c) “persons studied in other medium” means persons who have obtained  the
educational qualification or qualifications prescribed for direct recruitment in the rules or
regulations or orders applicable to any appointment in the  services under the  State
through any medium of instruction other than Tamil;
(d) “persons studied in Tamil  medium” means persons who have obtained the
educational qualification or qualifications prescribed for direct recruitment in the  rules
or regulations or orders applicable to any appointment  in the  services under the  State
through Tamil medium of instruction;
(e) “preferential vacancies” means such vacancies available for persons studied
in Tamil medium under sub-section (1) of section 3;
(f) “services under the State” includes the services under-
(i) the Government;
(ii) the Legislature of the State;
(iii) any local authority;
(iv) any Corporation or Company owned or controlled by the Government; and
(v) any  other authority  in respect of which the State Legislature  has power
to make laws.
3. (1) Notwithstanding anything contained in any law for the time being in force and
subject to section 5, twenty per cent 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.
(2) Selection for appointment under sub-section (1) shall be made in such manner
as may be prescribed.
(3) Nothing contained in sub-section (1)  shall  apply in the case of appointment
to the posts in the services under the State for which the educational qualification
prescribed in the rules  or regulations or orders applicable to the post is a degree or
diploma or any academic distinction in a language.
4. Persons  studied in Tamil medium shall also be entitled to compete for the
vacancies, other than  preferential vacancies in appointment in the services under the
State, along with persons studied in other medium.
5. Preferential basis appointments to persons studied in Tamil medium under
section 3 shall be made following the reservation as per law in force.
6. Notwithstanding anything contained in section 3, where adequate number of
qualified and suitable persons studied in Tamil medium are not available for appointment
in the preferential vacancies, such unfilled vacancies shall be filled up with  persons studied
in other mediums within the respective category.
Short title and
commence-
ment.
Preferential
appointment.
Right to
compete for
other
vacancies
not to be
affected.
Reservation to
apply.
Filling up of
vacancies in
preferential
allotment.
Definitions.
235TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
7. The Government may, by  general or special order, for just and equitable reasons,
exempt any appointment or post in the services under the State from the provisions of
this Act.
8. (1) The Government may make rules for carrying out the purposes of this Act.
(2) All rules made under this Act shall be published in the Tamil Nadu Government
Gazette and unless they are expressed to come into force on a particular day shall come
into force on the day on which they are so published.
(3) Every rule made or notification or order issued under this Act shall, as soon
as possible, after it is made or issued, be placed on the Table of the Legislative Assembly,
and if, before the expiry of the session in which it is so placed or the next session,
the Assembly makes any modification in any such rule or notification or order, or the
Assembly  decides that the rule or notification or order should not be made or issued,
the rule or notification or order shall thereafter have effect only in such  modified form
or be of no effect, as the case may be, so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under
that rule or notification or order.
9. If any difficulty arises in giving effect to the provisions of this Act, the Government
may, by an order, published in the Tamil Nadu Government Gazette,  make such provisions
not inconsistent with the provisions of this Act as may appear to them to be necessary
or  expedient for removing the difficulty:
Provided that no such order shall be made after the  expiry  of two years from
the date of the publication of this Act in the Tamil Nadu Government Gazette.
10. (1) The Tamil Nadu Appointment on preferential basis in the Services under the
State of Persons Studied in Tamil Medium Ordinance, 2010 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the
said Ordinance shall be deemed to have been done or taken under this Act.
Power to
exempt.
Power to
make rules.
Power to
remove
difficulties.
Tamil Nadu
Ordinance
3 of 2010.
Repeal and
saving.
(By order of the Governor)
S. DHEENADHAYALAN,
Secretary to Government,
Law Department.

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