Madras High Court
S.Ayyadurai vs The State Of Tamil Nadu on 23 October, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A.(MD)No.2055 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD)No.2055 of 2024
and
C.M.P.(MD)Nos.14700 & 14702 of 2024
S.Ayyadurai : Appellant
Vs.
1.The State of Tamil Nadu,
Represented by its,
Principal Secretary to Government,
School Education Department,
Fort St. George,
Secretariat,
Chennai – 600 009.
2.Teachers Recruitment Board,
Rep. by its Chairman,
DPI Campus, College Road,
Chennai.
3.The National Council for Teacher Education (NCTE),
Rep by its,
Member Secretary,
New Delhi. : Respondents
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1/6
W.A.(MD)No.2055 of 2024
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent,
praying to set aside the order dated 15.07.2024 passed in W.P.
(MD)No.13459 of 2024 and allow this Writ Appeal.
For Appellant : Mr.V.Meenakshi Sundaram
For Respondent No.1 : Dr.S.P.Maharajan
Special Government Pleader
For Respondent No.2 : Mr.V.R.Shanmuganathan
Standing Counsel
For Respondent No.3 : No appearance
JUDGMENT
**************
[Judgment of the Court was delivered by R.SUBRAMANIAN, J.]
Challenge is to the order of the learned Single Judge made in
W.P.(MD)No.13459 of 2024 dated 15.07.2024.
2.We do not think we can interfere with the order of the
learned Single Judge. The selection process is over. Because there
were certain mistakes in the suggested answers in the multiple
choice question paper, certain questions were declared as star
questions, whereby every candidate who had attempted to answer
the question was given a mark irrespective of the correctness of
the answer. This has been done across the Board to all the
candidates. Therefore, the petitioner will also be a beneficiary of
such star questions.
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3.The similar claim was rejected by the Principal Bench and
the learned Single Judge has followed the said order. We do not
think we could test the correctness of the decisions of the Teachers
Recruitment Board to award marks for all the persons who have
attempted these questions and the rationale behind such decision.
No doubt, Mr.Meenakshi Sundaram, learned Counsel for the
appellant would submit that as far as the question Nos.42, 113, 126
and 179 are concerned, the mistake in the answer is a spelling
mistake and everybody knows the correct answer. Therefore, the
decision of the Teachers Recruitment Board to mark these
questions as star questions and award mark to every person who
had attempted these questions is not justified.
4.We are afraid that we cannot decide upon the said
contention in a proceeding under Article 226 of the Constitution of
India. It is for the Teachers Recruitment Board to do so. It has the
essential wisdom to decide on the treatment of the questions and
the marks to be given. This Court cannot substitute its own ideas.
In the light of the above, we see no reason to interfere with the
order of the learned Single Judge. Hence, the appeal fails
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5.Accordingly, the Writ Appeal stands dismissed. There shall
be no order as to costs. Consequently, connected miscellaneous
petitions are closed.
[R.S.M.,J.] & [L.V.G.,J.]
23.10.2024
Neutral Citation : Yes/No
Index : Yes/No
Internet : Yes/No
MR
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To
1.The Principal Secretary to Government,
State of Tamil Nadu,
School Education Department,
Fort St. George,
Secretariat,
Chennai – 600 009.
2.The Chairman,
Teachers Recruitment Board,
DPI Campus, College Road,
Chennai.
3.The Member Secretary,
The National Council for Teacher Education (NCTE),
New Delhi.
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R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
MR
JUDGMENT MADE IN
23.10.2024
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