Madras High Court
C.Thiripurasundari vs State Of Tamil Nadu on 3 April, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
W.A(MD)No.1460 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 03.04.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.A.(MD)No.1460 of 2019
C.Thiripurasundari ... Appellant / Petitioner
Vs.
1.State of Tamil Nadu
Rep. by its Secretary to Government,
School Education Department,
Secretariat,
Chennai - 9.
2.The Teachers Recruitment Board,
Rep. by its Chairman,
College Road,
Chennai - 6.
3.The Director of School Education,
College Road,
Chennai - 6. ... Respondents/ Petitioner
Prayer: This Writ Appeal is filed under Clause XV of Letters Patent, to
set aside the order passed in W.P.(MD)No.23103 of 2018 dated
19.12.2018 on the file of this Court.
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W.A(MD)No.1460 of 2019
For Appellant : Mr.H.Arumugam
For Respondents : Mr.V.Omprakash – for R1 & R3
Government Advocate
Mr.V.R.Shanmuganathan – for R2
Standing Counsel
JUDGMENT
DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
The writ appeal is preferred against the order passed by the
learned Single Judge dismissing the application of the appellant seeking
to award one mark.
2. The appellant participated in the selection process for the
post of Physical Education Teacher conducted by the Teachers
Recruitment Board. She secured 69 marks whereas the cut off marks for
zone of consideration was 70 marks in the written test. For one
particular question the tentative key answer was in favour of the writ
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petitioner. However, after receiving the objections the committee
constituted by the Teachers Recruitment Board has changed the answer.
3. The contention of the writ petitioner/ appellant is that had
they not changed the tentative key answer for that question she would
have secured 70 marks and got eligible and the Expert Committee which
has changed the tentative key answer had not given any opportunity to
her.
4. The learned Single Judge after considering the fact has
held that the Expert Committee after receiving objections to the tentative
key answer had concluded that the correct answer is only (a) Paris and
not (c) Los Angels. The writ petitioner has chosen the wrong answer,
hence, she cannot be awarded additional one mark.
5. The present writ appeal is filed being aggrieved by the
order passed by the learned Single Judge on the ground that the
ambiguity in the question and the Tamil translation of the English version
had deprived one mark for the writ petitioner. The learned Single Judge
ought to have given the benefit to the writ petitioner taking into
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consideration the Committee decision is not in tune with the facts and
literature available.
6. The learned counsel appearing for the appellant would
submit that to the question for the first time an Olympic village was
constructed where to accommodate athletes. The Committee ought not to
have change the tentative key from Los Angels to Paris, since there is a
difference between building some cabins for use of athletes and purpose
built village in the year 1924 when the Olympics was conducted in Paris,
Olympic village was only at Los Angels.
7. It is also contended by the learned counsel for the
appellant that the concept of multiple choice question is that among the
choices only one answer is right and all other answers are wrong. In the
instant case, when there are two right answers setting of question is to be
faulted and the petitioner should not be penalized.
8. The learned counsel appearing for the respondent-Teacher
Recruitment Board submitted that it is not two possible answer for the
said multiple question. The right answer was only Paris. However, the
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tentative key wrongly mentioned Los Angels as the right answer that was
corrected after getting the opinion of the Committee. There is no
difference in the English and Tamil version of the question. When the
question is specifically to mention that place where the athletes were
accommodated. The appellant cannot mention the city where the place
name as Olympic village.
9. Further, the learned counsel for the respondent would also
submit that the selection process conducted by specialized agency
consisting of Experts have taken a view regarding the right answer for
the questions framed. Under Article 226 of the Constitution of India, the
wisdom of experts cannot be substituted and in support of his submission
the learned counsel relies upon the judgment of the Hon'ble Supreme
Court rendered in Uttar Pradesh Public Service Commission Vs. Rahul
Singh and another reported in 2018(7) SCC 254, wherein the Hon'ble
Supreme Court has held that when there are conflicting views, in respect
of key answer to a multiple choice question, 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 exercise great restraint and should
not overstep their jurisdiction to upset the opinion of the experts.
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10. This Court in reverence to the above observation of the
Hon'ble Supreme Court, dismiss the writ appeal holding it as devoid of
merits.
11. Accordingly, this Writ Appeal stands dismissed. No
costs.
[G.J., J.] [R.P., J.]
03.04.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
RM
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To
1.State of Tamil Nadu
Rep. by its Secretary to Government,
School Education Department,
Secretariat,
Chennai - 9.
2.The Teachers Recruitment Board,
Rep. by its Chairman,
College Road,
Chennai - 6.
3.The Director of School Education,
College Road,
Chennai - 6.
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DR.G.JAYACHANDRAN, J.
and
R.POORNIMA, J.
RM
Judgment made in
03.04.2025
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