IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. SATYANARAYANA MURTHY, J.
Jairuddin Shaik – Appellant
Versus
State of Andhra Pradesh and Ors. – Respondents
W.P. Nos. 15355 of 2019 and 2368 of 2020
Decided On : 21-09-2020
Constitution of India,1950 – Articles 1,2,14,16,21 and 226 - Evaluation of marks - Examinations - Recruitment - Post of Secondary Grade Teachers – Selection Process - Whether delay of approximately seven months in approaching Court after publication of final selection list is a ground to reject claim of these petitioners - Whether there is any major variation of marks secured by participants in examination held in different sessions - Whether Court can direct respondents to follow "Normalization Procedure/Technique" to participants in examination of different sessions to have fair selection process –
Finding of the court : No doubt, in normal course of events, delay or latches are one of grounds to deny relief exercising power of judicial review under Article 226 of Constitution of India, which is purely discretionary in nature - Based on objections raised, SMEs work on that and with customer consultation finalize to ignore some objected questions and remaining questions will be considered for score evaluation and subsequently score normalization - That apart, second respondent while issuing notification prescribed certain procedure for valuation of papers to find out merit Claus - When once a specific procedure is specified in notification itself for valuation of papers, referring G.O. - To solve problem of inter se merit across different subjects, statistical experts have evolved a method known as scaling, that is creation of scaled score - Scaling places scores from different tests or test forms on to a common scale –
Result :writ petitions are dismissed.
ORDER :
M. Satyanarayana Murthy, J.
1. Both the writ petitions are filed under Article 226 of the Constitution of India claiming the following relief:
"To issue writ of Mandamus Declaring the action of the respondents in not following the method of Normalization for evaluation of marks of the candidates appeared in the written test conducted for recruitment to the post of Secondary Grade Teachers pursuant to TET cum TRT notification No. 768/TRC1/2018 Dt. 26.10.2018 as illegal arbitrary and violative of Article 14, 16 and 21 of Constitution of India and apart from the same being contrary to the well settled procedure adopted all over the country and further direct the respondents to follow the procedure of Normalization for evaluation of marks for the purpose of selection for recruitment to the post of Secondary Grade Teachers"
2. These two writ petitions are filed for identical relief, as such, learned counsel for the petitioners and respondents advanced common argument. Hence, I am of the view that it is appropriate to decide both the writ petitions by common order.
3. However, during hearing, in W.P. No. 15355 of 2019 learned counsel for the petitioner Sri Vijay Kumar Motupalli has not pressed the relief to the extent shown in italics.
4. Hence, this Court is not required to adjudicate as to the contention with regard to non-consideration of objections for various questions in different sessions referred above, while limiting the adjudication of this Court to the other part of the prayer.
5. Initially, the petition was filed against eight official respondents, but by I.A. No. 2 of 2020 dated 30.07.2020, Respondent Nos. 9 to 190 were impleaded in W.P. No. 15355 of 2019.
6. As the issues involved in both the writ petitions are identical, W.P. No. 15355 of 2019 is taken as leading case.
7. Though the facts are not in controversy, a little narration is required for proper adjudication and clarity. Hence, the n
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