Madras High Court
K.Pugazhenthi vs Tamil Nadu Uniformed Services ... on 20 September, 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2023
CORAM:
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD, J.
W.P.No.12594 of 2020
1. K.Pugazhenthi
2. V.Jeevarathinam
3. M.Purushothaman
4. M.Deena
5. D.Nandha Kumar
6. M.Mathivanan
7. J.Bharathiraja
8. V.Santhoshkumar
9. Venkadesan
10.M.Rukesh
11.Sangeethbharathi
12.K.Thirumal
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13.Chinnaiyan
14.A.Santhosh
15.Baskaran ...Petitioners
Vs
Tamil Nadu Uniformed Services Recruitment Board
Represented by its Inspector of Police/Member Secretary
Old Commissioner of Police Campus,
Pantheon Road,
Egmore, Chennai - 600 008. ...Respondents
Prayer: Writ Petition filed Under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus, directing the respondent to
revalue the question nos.26, 42, 43, 51, 52, 57, 63, 65, 78 & 79 in the "C"
series question paper of written examination of Common Recruitment
2019 for the post of Grade II - PC, Jail Warden, Firemen and award
marks to the petitioners and to consider the petitioners for appointment
to the post of Group II - PC, Jail Warden, Firemen in the Common
Recruitment 2019 based on the representation dated 30.08.2019 within
the time frame fixed by this Court.
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For Petitioners : Mr.A.Xavier Arulraj, Senior Counsel,
Assisted by M/s.R.Rayeesa Fathima.
For Respondents : Mr.P.Kumaresan, AAG,
Assisted by M/s.D.Sowmi Dattan.
ORDER
This writ petition has been filed seeking a direction to the
respondent to revalue question Nos.26, 42, 43, 51, 52, 57, 63, 65, 78 & 79
in the "C" series question paper of written examination of Common
Recruitment 2019 for post of Grade II - PC, Jail Warden, Fireman and
award marks to the petitioners and to consider the petitioners for
appointment to the post of Group-II - PC, Jail Warden, Fireman in the
common Recruitment - 2019 based on their representation dated
30.08.2019, within a time frame.
2. Today, when the matter was taken up for hearing, the learned
Additional Advocate General appearing for the respondent submitted
that the issue relating to the correctness of answers in respect of 42, 51,
52, 57, 63, 65, 78 & 79, has already been decided by this Court in various
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writ petitions and writ appeals, the details of which are as under:-
S.Nos. Question Nos. Series Case Nos.
1 42 C W.P.No.4852 of 2020
2 51 C 1.W.A.No.360 of 2022
2.W.P.(MD).No.22179 of
3 52 C 1. W.P.No.8046 of 2020
2.W.P.(MD).No.4791 of
3. W.A.No.360 of 2022
4.W.P(MD).No.3336 of
5.W.P.No.6891 of 2020
6.W.P.No.6854 of 2020
7.W.P(MD).No.22179 of
4 57 C W.P.No.22179 of 2019
5 63 C W.P.No.22179 of 2019
6 65 C 1. W.A.No.360 of 2020
2. W.P.No.6854 of 2020
3. W.P.(MD).No.22179 of
7 78 C W.A.No.360 of 2022
8 79 C W.A.No.360 of 2022
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3. However, with regard to question Nos. 26 and 43, according to
the learned Additional Advocate General, the expert Committee has
rendered its opinion stating that the answers set up by the TNSURB are
correct.
4. When the expert Committee has certified that the answers given
by the TNSURB qua Q.Nos.26 and 43 are correct, this Court cannot
upset the said finding, in the light of the judgment of the Hon'ble
Supreme Court in U.P.P.S.C., through its Chairman and other Vs
Ragul Singh & other (Civil Appeal.No.5838 of 2018 decided on
14.06.2018), the relevant paragraph of which reads as under:-
"14. In the present case, we find that all the 3 questions
needed a long process of reasoning and the High Court itself has
noticed that the stand of the Commission is also supported by
certain text books. When there are conflicting views, then the
Court must bow down to the opinion of the experts. Judges are
not and cannot be experts in all fields and, therefore, they must
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exercise great restraint and should not overstep their
jurisdiction to upset the opinion of the experts."
5. In view of the above discussion, this writ petition fails and it is
accordingly dismissed. No costs.
20.09.2023
Index: Yes/No
Speaking/Non-speaking Order
kmm
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To
The Inspector of Police/Member Secretary,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Campus,
Pantheon Road,
Egmore, Chennai - 600 008.
https://www.mhc.tn.gov.in/judis
J.SATHYA NARAYANA PRASAD, J.
kmm
W.P.No.12594 of 2020
20.09.2023
https://www.mhc.tn.gov.in/judis
