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The Madras High Court has refused to accept a contention that the Tamil Nadu government’s insistence on scoring 40 out of 150 in the Tamil language proficiency paper as a pre-condition to evaluate the general studies paper, and the decision to consider the cumulative marks in both papers for appointment in public service, would amount to giving 100% quota to Tamil-medium candidates
Notification were fully in consonance with Section 21-A of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, and therefore, they could not be found fault with, the court said
The court said that Section 21-A was introduced in 2021 and many recruitments had taken place since then.
A subordinate legislation can be assailed only if it can be shown that it is contrary to the Constitution or it is ultra vires the parent Act.
The petitioners have not been able to demonstrate that the impugned (under challenge) GO is ultra vires the Constitution
As rightly pointed out by the learned Advocate-General, government servants holding Group IV posts will have to have direct interaction with the people
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 in Tamil.
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