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2022 Supreme(Mad) 2256

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
V. Jayanthi - Appellant
Versus
Government of Tamilnadu, Rep. By its Principal Secretary, Department of School Education, Chennai & Others - Respondent
W.P. No. 12116 of 2014
Decided On : 30-06-2022

Advocates appeared:
For the Petitioner:N.G.R. Prasad, M/S. Row & Reddy, Advocates. For the Respondents: R1 & R2, S. Anitha, Special Government Pleader, R3, C. Kathiravan, Special Government Pleader, R4, No Appearance.

The court considered the principle of timeliness and finality in the context of providing additional marks for selection, especially after the completion of the selection process and the filling of all posts.

Headnote:

Additional Marks - Post Graduate Assistant (Tamil) - Rc.No.906/L2/2015 - The court discussed the interim orders, revaluation of examination, and the conclusion of the selection process. The court found that providing additional marks to the petitioner, 8 years after the completion of the selection process, was not justified. The writ petition was dismissed.

Fact of the Case:

The petitioner challenged the rejection of her claim for selection and appointment as Post Graduate Assistant (Tamil) based on the examination question paper and answer keys.

Finding of the Court:

The court found that providing additional marks to the petitioner, 8 years after the completion of the selection process, was not justified.

Issues: The main issue was whether the petitioner was entitled to additional marks for selection to the post of Post Graduate Assistant (Tamil) based on interim orders and revaluation of the examination.

Ratio Decidendi: The court considered the time elapsed since the completion of the selection process, the filling of all posts, and the dismissal of similar writ petitions on the ground of delay. It concluded that providing additional marks to the petitioner was not justified.

Final Decision: The writ petition was dismissed with no costs.

JUDGMENT

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India,to issue a Writ of Certiorarified Mandamus calling for records of the 3rd respondent in Rc.No.906/L2/2015 dated 18.03.2015 and quash the same and consequently direct the 3rd respondent Board to appoint the petitioner as Post Graduate Assistant (Tamil).)

1. The order of rejection, rejecting the claim of the writ petitioner for selection and  ppointment to the post of Post Graduate Assistant (Tamil), is under challenge in the present writ petition.

2. The petitioner possesses Bachelor's Degree from Arignar Anna Government Arts College, Salem, in Tamil and Post Graduate Degree in the same subject from Bharathidasan University. She registered her name in the Professional Employment Exchange, Chennai and pursuant to the recruitment notification issued by the third respondent on 09.05.2013, the petitioner participated in the written examination for direct recruitment to the post of Post Graduate Assistant. The petitioner secured 100 marks in the written examination, however, she was not selected. The writ petition is filed questioning the examination question paper and the answer keys.

3. The writ petitions filed in W.P.(MD) Nos.13276 and 14940 of 2013 were disposed of on 01.10.2013, with the following directions:-

"36. In the result, the writ petitions are disposed of in the following terms:

(i) The written competitive examination for recruitment of Post Graduate Assistants in Tamil subject held on 21.07.2013 is hereby set aside.

(ii) The official respondents, more particularly the Teachers Recruitment Board, is directed to conduct fresh examination as early as possible, in any event, not later than six weeks from the date of receipt of a copy of this order.

(iii) For such a fresh examination, fresh hall tickets need not be issued to the candidates. Old Hall Tickets downloaded from the Teachers Recruitment Board Website can be considered as sufficient.

(iv) There shall be no fresh calling for applications."

4. The matter was then taken by way of appeals before the Hon'ble Division Bench, wherein an interim order was passed on 11.12.2013, as follows:-

"10. Therefore, on this plea, we are inclined to pass the following interim  order, pending the writ appeals:

(i) The appellants shall reserve two posts of Post Graduate Assistants (2012-2013) for the subject of Tamil, pending the writ appeals, to consider the claim of the respective first respondents herein in both the writ appeals.

(ii) The appellants shall declare the merit list of candidates already prepared based on the examination conducted on 21.07.2013 and make appointments except to two posts which has been ordered to be kept as reserved.

(iii) Insofar as the claim of the writ petitioners/first respondents in both the writ appeals, whose writ petitions are only to provide grace marks for 21 questions, the appellants are directed to work out their ranking based on the 21 grace marks, and submit a tentative list before this Court on the next hearing date."

5. The writ petitioner herein earlier filed W.P.No.421 of 2014, which was disposed of on 04.12.2014 by this Court, with the following directions:-

"5. Considering the same, this Court is inclined to permit the petitioner to make representation to the third respondent, within a period of four weeks from the date of receipt of a copy of this order, enclosing the copy of the order passed in W.A.No.1090 of 2013. On receipt of the same, the third respondent will have to consider the representation of the petitioner, based upon the order passed in Writ Appeal in W.A.No.1090 of 2013, by giving the benefits given to those candidates who were parties to the said Writ Appeal to the petitioner, if she is similarly placed and pass final orders in the light of the observations made therein, within a period of four weeks thereafter."

6. Pursuant to the directions issued by this Court, the third respondent passed the impugned order, re

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