Madras High Court
T. Shanthi vs The Director on 20 July, 2021
1 W.P.No.22227 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 20.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.S.RAMESH
W.P.No.22227 of 2017
and
WMP.Nos.23258 & 25153 of 2017
T. Shanthi ... Petitioner
/Vs/
1. The Director,
School Education Department,
DPI Campus, College Road,
Nungambakkam,
Chennai - 600 006.
2. The Teachers Recruitment Board,
Rep. by its Member Secretary,
DPI Campus, College Road,
Nungambakkam,
Chennai - 600 006. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Certiorarified Mandamus calling
for the records of the impugned letter of non-selection of petitioner for
the post of Post Graduate Assistant (Commerce) dated 12.08.2017 issued
by the 2nd respondent and quash the same, consequently, direct the
respondents to appoint the petitioner as Post Graduate Assistant
(Commerce) forthwith.
https://www.mhc.tn.gov.in/judis/
2 W.P.No.22227 of 2017
For Petitioner : Mr.M.R.Jothimanian
For Respondents : Mr.K.Tippu Sulthan
Government Advocate
****
ORDER
This Writ Petition is filed to call for the records of the
impugned letter of non-selection of petitioner for the post of Post
Graduate Assistant (Commerce) dated 12.08.2017 issued by the 2nd
respondent and quash the same, consequently, direct the respondents to
appoint the petitioner as Post Graduate Assistant (Commerce) forthwith.
2. The petitioner herein, had participated in the written
examination pursuant to the notification calling for filling up of
vacancies of the posts of Post Graduate Assistants (Commerce), Grade-I
for the year 2016-2017 as per the advertisement No.3 of 2017.
3. The petitioner admits that she had inadvertently omitted to
shade the question paper serial code in the OMR sheet at the time of
written examination, which lead to non-evaluation of her OMR sheet and
consequently the petitioner's name was not included in the short-listed
list of candidates published for certificate verification dated 12.08.2017.
https://www.mhc.tn.gov.in/judis/
4. The issue as to whether non-shading of the OMR sheet
would be fatal in order to deprive the candidate for evaluating her OMR
sheet, has come up for consideration before this court in several writ
petitions and in one such order of this court in T. Vellisubbaian Vs.
Director of Department of School Education and another passed in
W.P.(MD)No.2406 of 2015 dated 14.06.2015, it was held that such a
defect of non-shading of the OMR sheet is a curable defect, in which,
this court has placed reliance on its earlier decisions and held as follows:-
“9.It is also relevant to point out here
that non-filling up or non-shading of a column in
the OMR answer sheet, which is a curable defect,
cannot be a ground for not evaluating the answer
sheet as the similar issue has already been
decided by this Court in the following judgments:
1. K.Kanimozhi vs. Director of Medical Education
[(2011) 7 MLJ 1163].
2. Secretary, Tamil Nadu Public Service
Commission vs. M.Chitra [(2010) 2 MLJ 146]
3. V.Premanand vs. The State of Tamil Nadu [AIR
1995 Madras 316]
10.In this case, it is not in dispute that the
petitioner has not filled in the application
correctly. While applying to take part in the
examination, the application was scrutinised and
the petitioner was called for to appear for the
https://www.mhc.tn.gov.in/judis/ examination. Only in the OMR answer sheet in
column No.3, there was no entry or shading. This
cannot be taken as grave mistake to drive out the
candidature of the petitioner, if the petitioner
is otherwise eligible. ?Err is human? and it is
applicable to everyone. The rejection of the
candidature is going to be only on account of not
shading and not filling up the column No.3, and
in case, the petitioner is meritorious, it is a
loss to the teaching profession and to the
institution as well. There is nothing wrong in
evaluating the paper, as the questions in all the
serial numbers are similar, but they are placed
in different numbers to avoid copying etc. If the
petitioner is not meritorious, the candidature of
the petitioner can be rejected. In case, the
petitioner is successful, the respondent shall
consider the case of the petitioner to
accommodate him. Since the respondents have
stated that the recruitment process is over and
that all the teachers have joined, even though
non-filling or not shading the column No.3,
cannot be treated as a serious error. If this
Court gives a blanket direction accepting the
contention of the petitioner, it will unsettle
the teachers who have already joined and this may
create a bad precedent and cause disturbance to
the teachers who have already joined. Even though
there is an error in not filing up or shading the
column No.3, this Court directs the respondent
concerned to evaluate the OMR answer sheet of the
petitioner and if he is successful, his case may
be considered for accommodating him in the
ensuing vacancy in preference to the other
candidates who are likely to be selected and
appointed.”
https://www.mhc.tn.gov.in/judis/
5. The case of T. Vellisubbaian Vs. Director of Department
of School Education and another, (cited supra) was confirmed on
appeal by the Hon'ble Division Bench in W.A.(MD)No.909 of 2015 and
the further appeal before the Hon'ble Supreme Court in SLP. (C) No(s).
26862 of 2016 was dismissed on 21.01.2019. Thus it has been
established that, non-shading of the serial code in the OMR sheet, is a
curable defect and hence the petitioner's candidature cannot be rejected
on this minor ground.
6. In the result, there shall be a direction to the second
respondent herein to include the name of the petitioner in the selection
list for the post of Post Graduate Assistant (Commerce), published
pursuant to the recruitment notification in Advertisement No.3 of 2017
for the year 2016-2017 and forward such selection list to the first
respondent for the purpose of issuance of the necessary appointment
order. The second respondent herein shall endeavour to include the
petitioner's name in the selection list, atleast within a period of two
weeks from the date of receipt of a copy of this order. The writ petition
https://www.mhc.tn.gov.in/judis/
stands allowed accordingly. No costs. Consequently, connected
miscellaneous petitions are closed.
20.07.2021
gv
Speaking Order : Yes/No
Index : Yes/No
Internet : Yes/No
To
1. The Director,
School Education Department,
DPI Campus, College Road,
Nungambakkam,
Chennai - 600 006.
2. The Teachers Recruitment Board,
Rep. by its Member Secretary,
DPI Campus, College Road,
Nungambakkam,
Chennai - 600 006.
https://www.mhc.tn.gov.in/judis/
M.S.RAMESH, J.
gv
W.P.No.22227 of 2017
and
WMP.Nos.23258 & 25153 of 2017
20.07.2021
https://www.mhc.tn.gov.in/judis/
