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2014 Supreme(Mad) 572

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. VENUGOPAL, J.
K. Nirmal
Versus
The Chairman, Tamil Nadu Public Service Commission
W.P. No. 28998 of 2012 & M.P. No. 1 of 2012
Decided on: 07-03-2014

Advocates Appeared:
For the Petitioner:G. Sankaran, Advocate.
For the Respondent: S. Nanda Kumar, Senior Counsel for TNPSC.

Judgment :

1. The Petitioner has preferred the present Writ of Mandamus praying of passing of an order by this Court in directing the Respondent to revalue the Question Nos.112, 47, 69, 27, 29, 84 & 157 Booklet Series D of Group II Examination for the post included in CSSE 1 Services 2010 conducted on 30.07.2011 and to proceed with selection and allocation of post based on the revaluation and consequently direct the Respondent to revalue the answer book of the Petitioner (Register No.00904134) and to select him for the post included in CSSE-1 Service 2010 based on such revaluation within the time frame to be fixed by this Court.

2. The Writ Facts:

(i) The Petitioner is an Engineering Graduate completed his graduation during the year 2009. He belongs to Backward Class Community. He applied for the examination notified by the Respondent /Tamil Nadu Public Service Commission for selection to the post of Group II Services included in CSSE I 2010 (Service Code No.004). He was assigned with the No.00904134 and he took part in the examination held on 30.07.2011. The process of selection to Group II Services involved two successive stages 1.Written Examination; and 2.Oral Test. The final selection would be made on the basis of total marks obtained by the candidates in the written examination and oral test taken together, in respect of interview post. In regard to the non interview post, the selection would be made on the basis of total marks obtained by the candidate in the written examination. In the written examination conducted, there were 200 questions and each question would be valued for the total marks of 300. Later, the oral test would be conducted for the interview post for 40 marks. Therefore, in terms of the selection process, the total marks is 340 (300 + 40) in respect of interview post.

(ii) The Petitioner had given correct answers for 159 questions out of 200 questions and thereby fared well in the written examination. But without publishing the mark statements of all the candidates as well as cut off marks for each category after following Rule of Reservation, the Respondent proceeded to call for individual candidates on selective basis on personal intimation. As such, he was not in a position to know his ranking as well as eligibility to be considered for selection. He found that there were serious discrepancies in the process of selection including application of Rule of Reservation. Hence, he filed W.P.No.22815 of 2012 before this Court seeking issuance of direction to the Respondent to produce OMR sheets and key answers to direct the Respondent to include his name in the selection list of candidates in backward class category.

(iii) On 11.09.2012, an interim order was passed by following the orders passed earlier in another batch of Writ Petitions, directing the Respondent to forthwith publish the marks of the candidates who appeared in the written examination and to publish the key answers for the objective type questions and to publish the cut off marks prescribed for various categories within a stipulated time. As against the interim order dated 11.09.2012, the Respondent preferred W.A.Nos.2267 and 2268 of 2012 and the same was dismissed on 10.10.2012 as infructuous by recording the statements of the counsel appearing for the Respondent that the order dated 11.09.2012 was duly complied with.

(iv) On 10.10.10212 the Respondent published the mark statements of the written examination in interactive mode enabling each candidate to know his marks alone by entering the register number. Therefore, one candidate may not be in a position to know the marks secured by other candidates particularly selected candidates in order to ascertain the comparative merit. Further, on 10.10.2012 itself, the Respondent released the key answers of the written examination for the first time.

(v) Although several representations were made by the Petitioners and others, the key answers were not published by the Respondent nor any details were gi















































































































































































































































































































































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