P.Vani vs The State Of Tamil Nadu
2021 Latest Caselaw 1404 Mad

                                                                               W.A(MD)No.1410 of 2017


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED:          21.01.2021


                                                       CORAM:
                          THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
                                                 AND
                               THE HONOURABLE MRS.JUSTICE S.KANNAMMAL

                                          W.A(MD)No.1410 of 2017
                                                   and
                                    C.M.P(MD)Nos.10263 & 10264 of 2017

                      P.Vani                                     ... Petitioner / Appellant


                                                      Vs.

                      1.The State of Tamil Nadu,
                        Rep. by its Secretary to Government,
                        Education Department,
                        Fort St. George, Chennai – 600 009.

                      2.The Member Secretary,
                        Teachers Recruitment Board,
                        College Road,
                        Chennai – 600 006.                  ... Respondents / Respondents


                      Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against
                      the order, dated 19.09.2017 passed in W.P(MD)No.15787 of 2017.


                                 For Appellant   : Mr.B.Rajesh Saravanan
                                 For Respondents : Mr.VR.Shanmuganathan,
                                                   Special Government Pleader




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                                                                                 W.A(MD)No.1410 of 2017


                                                       JUDGMENT

(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.)

This Writ Appeal is directed against the order dated 19.09.2017

passed in W.P(MD)No.15787 of 2017.

2. The appellant/writ petitioner had sought for a Mandamus

directing the second respondent/Teachers Recruitment Board, to call the

writ petitioner for certificate verification by awarding three(3) marks to

question Nos.9, 25, 144 in 'C' set of question paper issued in the

examination conducted for the selection of Teachers under

'Direct Recruitment' for the post of Post Graduate Assistants/Physical

Education Directors – Grade – I, 2016-17.

3. The case of the appellant/writ petitioner is that for question

Nos.9, 25 and 144, though she had given the right answers, the key

answers released were wrong and she has substantiated her contention

by obtaining Expert's opinion in this regard.

4. In the writ petition, the Teachers Recruitment Board had also

filed its counter affidavit stating that the answers are fixed based on the

Subject Expert Committee's view and based on the same, the answer

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given by the petitioner for question No.9, is held to be wrong. Regarding

question No.25, the argument of the appellant/writ petitioner is not

acceptable though the appellant has produced an Expert opinion. The

opinion of the Expert is also ambiguous, whereas the Expert Committee's

view was also based on the research holding that the option 'D' is the

correct answer. Similarly, as regards question No.144 also, it is argued

that wrong answer is given in the key answer, whereas by reading the

question and also the opinion of the Expert furnished, it supports the

case of the respondents. Further, the appellant/writ petitioner had

secured '73' marks and the cut-off mark is '76'. Even if the benefit of

doubt is given to the writ petitioner and one mark is added to the marks

obtained by her, still the appellant/writ petitioner cannot compete, as she

does not qualify.

5. The learned Special Government Pleader appearing for the

respondents also states that after 2017, there was one more examination

conducted by the Teachers Recruitment Board.

6. Further, when the examination that was conducted by the

Teachers Recruitment Board, has got no upper age limit, it is always

open to the appellant to appear for the examination second time also.

In the said circumstances, the claim of the appellant cannot be accepted

and therefore, there is no merit in this writ appeal.

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7. In the result, this writ appeal is dismissed and the order of the

learned single Judge, is hereby confirmed. No Costs. Consequently,

connected Miscellaneous Petition is closed.

                                                                [P.S.N.,J]    [S.K.,J.]
                                                                     21.01.2021
                      Index       :Yes/No
                      Internet    :Yes/No
                      pm

                      Note :

                      In view of the present lock
                      down     owing    to   COVID-19
                      pandemic, a web copy of the
                      order may be utilized for official
                      purposes, but, ensuring that the
                      copy of the order that is
                      presented is the correct copy,
                      shall be the responsibility of the
                      advocate / litigant concerned.




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                                            W.A(MD)No.1410 of 2017


                                 PUSHPA SATHYANARAYANA,J.
                                                     and
                                           S.KANNAMMAL,J.

                                                              pm




                                    W.A(MD)No.1410 of 2017




                                                   21.01.2021




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