2013 Supreme(Mad) 3506
Before the Madurai Bench of Madras High Court
S. NAGAMUTHU, J.
J. Antony Clara & Another
Versus
The State of Tamilnadu, rep. by its Principal Secretary & Others
Writ Petition (MD) Nos. 13267 of 2013 & 14940 of 2013 & M.P.(MD) Nos. 1 of 2013 & 1 & 3 of 2013
Decided On : 01-10-2013
For the Petitioners:T. Lajapathi Roy, J. Jeyakumaran, Advocates.
For the Respondents:R1 to R3, AL. Somayaji, Advocate General, K. Chellapanian, Addl. Advocate General assisted by V.R. Shanmuganathan, Spl. Govt. Pleader, R4 to R7, G. Thalaimutharasu, Advocate, Isaac Mohanlal, Amicus Curiae.
Headnote:
ERRORNEOUS QUESTIONS - TEACHERS RECRUITMENT - [TAMIL NADU TEACHERS RECRUITMENT BOARD] - [Advertisement No.02/2013, Tamil Nadu Higher Secondary Educational Service] - The court found that 40 out of 150 questions in the examination were erroneous, leading to a decision to set aside the examination and order a re-examination. The court emphasized the need for a common platform for all candidates and the importance of ensuring equal opportunity for all to prove their merit.
Fact of the Case:
The Teachers Recruitment Board, Government of Tamil Nadu (TRB) issued an advertisement inviting applications for direct recruitment to the vacancies for the year 2012-2013 in the post of Post Graduate Assistants/Physical Education Directors Grade-I in the Tamil Nadu Higher Secondary Educational Service. The written examination held on 21.07.2013 was found to have 40 erroneous questions out of 150, leading to a decision to set aside the examination and order a re-examination.
Finding of the Court:
The court found that TRB had allowed 40 erroneous questions to be printed in the examination, leading to a decision to set aside the examination and order a re-examination. The court emphasized the need for a common platform for all candidates and the importance of ensuring equal opportunity for all to prove their merit.
Issues: The main issue was the presence of 40 erroneous questions in the examination held by TRB, leading to a decision to set aside the examination and order a re-examination.
Ratio Decidendi: The court held that the presence of 40 erroneous questions in the examination necessitated the setting aside of the examination and the ordering of a re-examination to ensure a common platform for all candidates and equal opportunity for all to prove their merit.
Final Decision: The court ordered the set aside of the written competitive examination for recruitment of Post Graduate Assistants in Tamil subject held on 21.07.2013 and directed TRB to conduct a fresh examination as early as possible, in any event, not later than six weeks from the date of receipt of the court's order.
The Teachers Recruitment Board, Government of Tamil Nadu (in short "TRB"), issued an advertisement under Advertisement No.02/2013, dated 09.05.2013, inviting applications for direct recruitment to the vacancies for the year 2012-2013 in the post of Post Graduate Assistants/Physical Education Directors Grade-I in the Tamil Nadu Higher Secondary Educational Service. According to the prospectus, the scheme of examination is that there will be a written examination, consisting of a single paper of 3 hours duration with 150 MCQs, each question carrying one mark. Marks to be allotted to the main subject, educational methodology and general knowledge are as follows:
Main Subject : 110 Marks
Educational Methodology: 30 marks
General Knowledge : 10 Marks
Based on the marks secured in the said examination, candidates shall be ranked and thereafter, based on the cut-off marks to be fixed, the candidates shall be shortlisted and such shortlisted candidates will be called for certificate verification, followed by issuing of appointment orders.
2. The petitioners herein are post-graduates in the subject "Tamil". They made applications and participated in the written examination held on 21.07.2013. As per the arrangement, question papers were to be printed in four series, namely 'A' Series, 'B' Series, 'C' Series and 'D' Series. It is only the order of questions were to be changed in these series, though the questions are one and the same. The petitioners were supplied with 'B' Series question paper in the examination hall.
3. According to the petitioners, out of the 150 questions, many questions were erroneous. Though in the writ petition they have mentioned that about 21 questions were erroneous, during the course of argument, the learned counsel for the petitioners pointed out that as many as 47 questions were wrong questions, incapable of understanding and answering. Since this Court was prima facie satisfied with the said submission, this Court granted interim injunction restraining TRB from publishing the results of the examination pertaining to "Tamil" subject alone.
4. The learned Government Advocate took notice and the learned Additional Advocate General later appeared in the case for the official respondents.
5. A detailed counter affidavit, dated 16.09.2013, was filed by the 3rd respondent. In the said counter, inter alia, it is stated that in respect of the question papers prepared under 'A', 'C' and 'D' Series, there were no errors. It is further stated that insofar as 'B' Series question paper is concerned, there were spelling mistakes which occurred at the end of the printing of question papers. It is further stated that TRB had handed over the manuscript copies of the question papers set by TRB to a confidential printer, through the Director of Government Examinations. Thereafter, there was no occasion for TRB to verify whether the question papers had been printed free from any error or not. TRB had no occasion to open the question papers before they were supplied in the examination centres to the candidates. Proof reading and ensuring accuracy in printing, according to the respondents, was the sole responsibility of the confidential printers who had been authorised by the Reserve Bank of India for such confidential works and who had been selected by the Director of Government Examinations, after careful scrutiny. Thus, according to the counter, it was the duty of the confidential printer to ensure the correctness and accuracy of the proof as per the manuscript provided to them.
6. It is further contended in the counter that there were number of complaints received from the candidates in respect of wrong questions found in 'B' Series question papers. Thereafter, TRB formed an Expert Committee consisting of three members who are Associate/Assistant Professors in Government Arts and Science Colleges to examine and ascertain the said errors as pointed out by the candidates. It is further sta