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2009 Supreme(Mad) 2258

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. JYOTHIMANI
A.B. Natarajan & Another
Versus
S. Madhavan & Others
Writ Petition Nos.30885 of 2004, 17969 of 2004, 19851 of 2004 And 482 of 2005 And Connected Miscellaneous Petitions.
Decided on: 10-07-2009

Advocates Appeared:
For the Petitioners:Manikandavadhan Chettiar , P.L. Velayutha Raja, S. Umapathy, T.R. Rajagopalan, Sr.Counsel, K. Soundarrajan, Advocates.For the Respondents: R.1, R.1, R.2 & R.3, R.Suresh Kumar, TNPSC, T.Thirugnanam, Spl.Govt.Pleader, N.Chandrasekaran, Special Public Prosecutor.

Headnote:

The court examined the selection process for Group I Services conducted by the Tamil Nadu Public Service Commission (TNPSC) in 2000-01. The court considered allegations of scaling technic followed by the TNPSC for valuation of answer books, use of sketch pens, colour pencils, etc. by candidates, and irregularities in granting dummy numbers. The court also examined the challenge to the selection of 91 candidates based on instances of alleged violations of instructions by selected candidates. The court appointed an advocate-commissioner to verify the answer papers and file a report. The court held that the scaling technic was not arbitrary or illegal and that the use of pencils and markings in answer papers did not amount to unfair means or improper conduct. The court dismissed the writ petitions but directed the TNPSC to consider the case of two petitioners for participation in the next Group I examinations with relaxation of age limit.

Fact of the Case:

The Tamil Nadu Public Service Commission (TNPSC) conducted a selection process for Group I Services in 2000-01. Several candidates filed writ petitions challenging the selection process, alleging irregularities and violations of instructions by selected candidates. The court appointed an advocate-commissioner to verify the answer papers and file a report.

Finding of the Court:

The court found that the scaling technic used by the TNPSC for valuation of answer books was not arbitrary or illegal. The court also found that the use of pencils and markings in answer papers by some candidates did not amount to unfair means or improper conduct. The court dismissed the writ petitions but directed the TNPSC to consider the case of two petitioners for participation in the next Group I examinations with relaxation of age limit.

Issues: 1. Whether the scaling technic used by the TNPSC for valuation of answer books was arbitrary or illegal. 2. Whether the use of pencils and markings in answer papers by some candidates amounted to unfair means or improper conduct. 3. Whether the selection of 91 candidates should be set aside based on instances of alleged violations of instructions by selected candidates.

Ratio Decidendi: 1. The court held that the scaling technic used by the TNPSC for valuation of answer books was not arbitrary or illegal. The court noted that the scaling technic was used to minimize subject bias and to give a fair chance to every subject. The court also noted that the scaling technic was used in other states and had been approved by the Supreme Court. 2. The court held that the use of pencils and markings in answer papers by some candidates did not amount to unfair means or improper conduct. The court noted that the instructions to candidates prohibited the use of colour pens, sketch pens, and pencils except those permitted for drawing and highlighting. The court found that the use of pencils and markings in the answer papers did not violate these instructions. 3. The court dismissed the writ petitions challenging the selection of 91 candidates. The court found that the instances of alleged violations of instructions by selected candidates were not sufficient to set aside the entire selection process.

Final Decision: The court dismissed the writ petitions but directed the TNPSC to consider the case of two petitioners for participation in the next Group I examinations with relaxation of age limit.

Judgment :

In all the above writ petitions, the issue involved relates to the selection of candidates for Group-I Services by the Tamil Nadu Public Service Commission (TNPSC) for the year 2000-01, the result of which was published on 28. 2004. W.P.No.30885 of 2004 has been filed by one A.B. Natarajan, who appeared for Group I Examinations, having been selected in the preliminary examinations held in 2001 and in the main examinations held in February, 2002, declared as not selected in the oral test conducted between 26. 2004 to 26. 2004 by the TNPSC, challenging the selection as published on 28. 2004. He has subsequently filed WP.M.P.No.218 of 2007 for impleading one of the selected candidates viz., T.Jayaseelan and the said petition was ordered on 12. 2007. Then, he impleaded other selected candidates as respondents 3 to 92 as per order passed in WP.M.P.No.789 of 2008 dated 24. 2008. As per the direction of Court, he served notice on the respondents 3 to 92 privately out of whom respondents 2, 4 to 6, 11, 14, 16 to 18, 20, 21, 23, 27, 33 to 36, 39, 43, 44, 46, 51 to 55, 57, 61 to 64,67 to 70, 73 to 75, 78,79, 90 and 91 were served and proof of affidavits were filed. However, in respect of remaining respondents, the covers were returned.

2. Subsequently, by order passed in WP.M.P.187 of 2009 dated 16. 2009, the prayer in the writ petition was amended to challenge the abovesaid selection as published in the Tamil daily, Daily Thanthi dated 28. 2004 and to direct the first respondent, TNPSC to redraw the selection list in accordance with law and to consider the name of petitioner for selection and to appoint him.

3. The respondents 2 to 92, the selected candidates, who have been served have not chosen to appear.

4. W.P.No.19851 of 2004 has been filed by 13 unselected candidates in the said Group-I examinations.

5. Likewise, W.P.No.17969 of 2004 has been filed by another batch of 18 unselected candidates challenging the selection and the prayer in the said writ petition was subsequently amended as per order in WP.M.P.No.2202 of 2007 dated 10. 2007 to challenge the selection and for direction to the respondent to consider the petitioners claim for appointment in Group-I Services. Out of the said 18 petitioners, except the first petitioner S.Madhavan, all other petitioners have chosen to withdraw from the said writ petition which was ordered by this Court on 30.8.2007 and the writ petition was dismissed in respect of petitioners 2 to 18 and hence, the first petitioner S.Madhavan, alone is maintaining the said writ petition.

6. The said S.Madhavan has subsequently filed another writ petition in W.P.No.482 of 2005 impleading the Union of India represented by the Central Bureau of Investigation/Special Police Establishment, New Delhi, as 4th respondent for a Mandamus directing the said 4th respondent to comprehensively investigate into the alleged massive corruption and fraud in the examinations and recruitment conducted by the TNPSC over the past decade since the introduction of multiple subject system and to set aside the selection effected by the third respondent, TNPSC over the past decade, in the light of the views expressed by the Honble Supreme Court in Krishan Singh vs. State of Haryana [(1994) 4 SCC 165].

7. In all the above said writ petitions, of course, except the last one viz., W.P.No.4508 of 2008, as it is earlier stated, Group I examinations conducted by the TNPSC for the year 2000-01 for which final results were published on 28. 2004 in newspapers are challenged mainly on the ground that scaling technic followed by the TNPSC for the purpose of valuation and selection is not proper, that the candidates who were selected have committed breach of certain instructions issued by the TNPSC regarding the use of sketch pens, colour pencils, etc. and that while transferring marks from the mark statements to mark sheets, mistakes have been committed by the staff of the TNPSC. The petitioners have also alleged irregularities




































































































































































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