Madras High Court
S. Ajith Kumar vs The Member Secretary on 24 August, 2023
W.P.No.10493 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.08.2023
CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
Writ Petition No.10493 of 2020
S. Ajith Kumar ... Petitioner
Vs.
1. The Member Secretary
Tamil Nadu Uniformed Services Recruitment Board
Egmore, Chennai – 600 008.
2. The Secretary to Government
Home (Police II) Department
Fort St.George, Chennai 600 009.
3. The Director General of Police
Dr.Radhakrishnan Salai
Mylapore, Chennai 4. … Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
praying for issuance of Writ of Mandamus directing the respondents to award
one mark to the petitioner for the question no.64 in the written examination
which was conducted on 25.08.2019 and direct the respondents to select and
appoint the petitioner as Gr-II Police Constable and grant him all
consequential service and grant such other further relief.
Page No.1 of 6
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W.P.No.10493 of 2020
For Petitioner : Mr.R.Venkataraman
Senior counsel for
Mr.M.Muthappan
For Respondents : Mrs.C.Meera Arumugam
Addl. Government Pleader for R1 & R3
M/s.D.Sowmi Dattan
Standing Counsel for R2
ORDER
The petitioner has filed this petition seeking for issuance of Writ of
Mandamus directing the respondents to award one mark to the petitioner for
the question no.64 in the written examination which was conducted on
25.08.2019 and direct the respondents to select and appoint the petitioner as
Gr-II Police Constable and grant him all consequential service and grant such
other further relief.
2. The learned senior counsel appearing for the petitioner submitted
that the Board called for applications for selection and appointment to the
post of Grade-II Police Constables, Firemen and Jail Warders by a common
recruitment conducted by the Tamil Nadu Uniformed Services Recruitment
Board. The petitioner ought to have been awarded one mark for question
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W.P.No.10493 of 2020
No.64 'a' wherein he has given correct answer, since in the earlier selection,
the same question was asked and the respondent Board has held that all the 4
answers are correct and awarded ½ mark to all the candidates and in the
present examination also the same question was asked, but the Board has
decided to fix the answer as 'd' and thereby the petitioner could not get one
mark. If the respondents awarded one mark to the petitioner for the correct
answer for question No.64, the petitioner would have got correct marks and
he would have been selected for appointment to the post of Gr-II Police
Constable. As the denial of appointment to the petitioner is highly arbitrary,
the present writ petition has been filed.
2. The learned Additional Government Pleader appearing for the first
and third respondents and the learned counsel appearing for the second
respondent submitted that the issue involved in this writ petition is covered
by the order of this Court in W.P. No. 8046 of 2020 dated 13.07.2022 and
W.P.No.5300 of 2020 dated 15.03.2020 and also covered by a Judgment of
Division Bench of this Court made in W.A.(MD).No.1156 of 2020 dated
18.12.2020 wherein the division bench, in Para 3 and 4 held thus:-
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W.P.No.10493 of 2020
“3. The learned counsel for the appellant would submit that for the
previous recruitment in the last year, the following question was asked:
79/ jdpj;J epw;Fk; vGj;J vJ vd;gij Fwpf;ft[k;
SBME
A) M B) B C) S D)E
and the answer was given as follows:
Question Booklet Series
Q.No. A – SERIES B – SERIES C - SERIES D - SERIES
79 C D A All correct
The answer was given stating that all four letters namely, “S”,
“B”, “M” and “E” were termed to be correct. However, the
very same question was asked this year and for the same
question, the letter ''E” alone was shown to be a correct
answer. The Respondent Recruitment Board cannot have two
different answers. The appellant marked box-A which means
that letter “M” is vowel. To the very same question, two
different answers have been given and therefore, the appellant
should also be given mark treating the answer given by him as
correct
4. However, it is a common knowledge that the vowels
in English alphabets are “A, E, I, O, U”. The respondent
Board has correctly fixed “E” as vowel, which has been stated
in column No.D this year and therefore, the right key answer
has been chosen in this year, irrespective of the fact, a wrong
answer was fixed last year. The said wrong answer given last
year cannot prevent the respondent Board to give the correct
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W.P.No.10493 of 2020
answer this year. Therefore, the appellant is not entitled to
any relief”.
4. Following the above said judgments of this Court, this writ
petition is dismissed. No costs.
24.08.2023
dpq
Index : Yes/No
Speaking Order : Yes/No
https://www.mhc.tn.gov.in/judis
W.P.No.10493 of 2020
J. SATHYA NARAYANA PRASAD, J.
dpq
To:
1. The Member Secretary
Tamil Nadu Uniformed Services Recruitment Board
Egmore, Chennai – 600 008.
2. The Secretary to Government
Home (Police II) Department
Fort St.George, Chennai 600 009.
3. The Director General of Police
Dr.Radhakrishnan Salai
Mylapore, Chennai 4.
Writ Petition No.10493 of 2020
24.08.2023
https://www.mhc.tn.gov.in/judis
