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2021 Supreme(Mad) 1360

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S. Ramesh, J.
M. Sriranjini – Petitioner
Versus
Teachers Recruitment Board, Rep. by the Chairman, Chennai & Others – Respondents
W.P. No. 35198, 35202 & 35539 of 2019 & 693, 2549 & 2640 of 2020 & WMP. Nos. 35980, 35984, 35987, 35988, 36386, 36388, 36390 & 36391 of 2019 & WMP. Nos. 836, 838, 840, 841, 2965, 3077 & 4087 of 2020
Decided On : 11-08-2021

Advocate Appeared:
For the Petitioner:T.K. Saravanan, Advocate.
For the Respondent:K.V. Sajeev Kumar, Counsel for Government, K. Tippu Sultan, Counsel for Government, G. Sankaran, C. Santhoshkumar, Advocates.

Headnote:

Constitution of India,1950 - Article 226 - praying to issue a Writ of Certiorarified Mandamus - quash the same as illegal and further direct the respondent - Recruitment Board (TRB) in Notification applications were invited from eligible candidates for recruitment to posts of Computer Instructor, Grade-I - Examinations were conducted on there were several complaints from a few of examination centres with regard to poor-server issues; absence of CCTV Cameras; unauthorised possession of mobile phones by some candidates; extension of exam duration; etc. When these alleged irregularities became subject matter of many Writ Petitions, the TRB had conducted a parallel enquiry through its Chairman and Director of Government Examinations, whereby it was reported that alleged irregularities were baseless and thereby concluded that there were no malpractices in any of the centres - Midst of these complaints and confusions - Court had injuncted TRB from finalizing the impugned selection list – Held, Allegations would reveal that the candidates who took the examination in one centre would appear to focus more on alleged irregularities in other centres and making sweeping allegations - Claim of the failed candidates would look to our mind, to be more speculative and game of chance - In absence of any concrete proof casting a cloud of suspicion on conduct of the examination could not be considered to vitiate examination - Casting a cloud of doubt would not be synonymous with truth - There is no material to impeach credibility in the conduct of the examination - am of the view that petitioners herein, as well as unsuccessful candidates, who had appeared before the Two Member Committee have failed to substantiate the allegations of irregularities - Allegations of petitioners herein, which are foundational grounds raised in these Writ Petitions also, stands rejected - Teachers Recruitment Board is directed to forthwith finalize the Selection List and subject the same to further selection process, if any, and thereafter forward the same to concerned departments of the Government of Tamil Nadu for issuance of necessary appointment orders – Ordered Accordingly

ORDER :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned final selection list for the Certificate Verification dated 28.11.2019 for the Direct Recruitment of Computer Instructors Grade-I (Post Graduate Cadre) based on notification dated on 01.03.2019 as Online Computer Based Examination on the file of the respondent No.1 and to quash the same as illegal and further direct the respondent No.1 to conduct Re-examination for all the candidates who appeared the examination conducted by the respondent No.1 on 23.06.2019 and 27.06.2019.)

1. The present Writ Petition is heard through Video Conferencing on 23.07.2021.

2. The brief facts of the case are as follows:-

2.1. In accordance with the notification issued by the Teachers Recruitment Board (TRB) in Notification No.9/2019 dated 01.03.2019, the applications were invited from eligible candidates for recruitment to the posts of Computer Instructor, Grade-I (Post Graduate Cadre) for filling up 814 vacancies. The notification was pursuant to the sanction granted by the Government in G.O.Ms.No.26, (School Education) Department, dated 12.02.2019, to fill up the vacancies.

2.2. In response to the notification, 26,882 candidates are claimed to have applied for the posts, pursuant to which an On-Line Examination was conducted, on 23.06.2019 in 119 centres by TRB.

2.3. After the examinations were conducted on 23.06.2019, there were several complaints from a few of the examination centres with regard to poor-server issues; absence of CCTV Cameras; unauthorised possession of mobile phones by some candidates; extension of exam duration; etc. When these alleged irregularities became the subject matter of many Writ Petitions, the TRB had conducted a parallel enquiry through its Chairman and the Director of Government Examinations, whereby it was reported that the alleged irregularities were baseless and thereby concluded that there were no malpractices in any of the centres. In the midst of these complaints and confusions, this Court had injuncted the TRB from finalizing the impugned selection list.

2.4. In the meantime, the TRB had also rescheduled the examination of three centres, wherein technical problems relating to working of the server were reported and accordingly, the exams were re-conducted on 27.06.2019.

2.5. In this aforesaid background, when the present Writ Petitions were taken up for hearing on 17.12.2020, a learned Single Judge of this Court had observed that the irregularities were predominantly addressed in the three centres where re-examinations were conducted on 27.06.2019 and accordingly, appointed a retired Judge of this Court, namely, Hon’ble Mr. Justice N.Authinathan (Retd.,) as a One Man Committee, to enquire into the allegations of the unsuccessful candidates in these three centres.

2.6. Some of the Writ Petitioners had challenged the interim orders of the learned Single Judge in W.A.No.330 & 398 of 2021 and the Hon’ble Division Bench, by its final orders dated 10.02.2021, had approved the decision of the learned Single Judge to appoint a Committee to enquire into the allegations of malpractices. However, the Hon’ble Division Bench was of the view that such an enquiry be extended to all the examination centres, instead of restricting it to three centres and further modified the One Man Committee into a Two Member Committee, by retaining the Hon’ble Retired Judge appointed by the learned Single Judge and permitting the learned Judge to induct a Police Official, not below the rank of a Deputy Inspector General of Police, as a part of the Committee. The order of the Hon’ble Division Bench passed in the aforesaid appeals reads as follows:-

    “The matter pertains to the conduct of an examination for recruitment of teachers undertaken in 2019. The grievance of the appellant against the interim order of December 17, 2020 is that the inquiry as directed by the s

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