The court affirmed the necessity for fair examination processes and the rectification of marks awarded under circumstances of technical discrepancies.

O R D E R

This Writ Petition has been filed for an issuance of a Writ of Mandamus directing the 2^nd respondent to award marks to the petitioners to TRP Final Key Master Question Nos.101, 3 & 7, 140, 143, 145 respectively in the Examination conducted for the recruitment to the post of Computer Instructors Grade-I (Post Graduate Cadre) for Tamilnadu Higher Secondary Educational Service under the 1^st respondent, as per the Notification No.09/2019 dated 01.03.2019 issued by the 2^nd respondent and consequently direct the respondents to consider the candidature of the petitioners for appointment.

2. The brief facts of the case, as averred by the petitioners, are as follows:- (i) The case of the petitioners are that the 1^st respondent issued Notification No.09/19 dated 01.03.2019 for the recruitment of 814 Computer Instructors (PG Cadre) in the School Education Department. The petitioners possess M.Sc., and B.Ed., qualifications. The scheme of examination consisted of a computer based test. As per G.O.Ms.No.107, School Education (q2) Department dated 24.07.2003; and Gov. Lr.No.12305/Q2/03-02 dated 8.10.2003, candidates have to secure a minimum of 50% marks. The exam was conducted in multiple sessions with normalization of marks. The selection was based on two stages (i)online computer based examination and (ii) candidate verification. The first session was held on 23.06.2019, and the second session on 27.06.2019 due to technical issues. Then, the TRB published Tentative answer key on 29.07.2019, and the petitioners submitted their objections on 01.08.2019, regarding the error in display of certain questions. Subsequently, the TRB published Final Answer Key on 25.11.2019 wherein multiple answers were changed. The petitioners raised objections to the said final answer key. Then the 1^st petitioner herein filed writ petition in W.P.No.34303 of 2019, challenging the final answer key, wherein this Court, vide order dated 10.12.2019, directed the 1^st petitioner to submit his objections and further directed the expert committee to take a decision on or before 20.12.2019. However, the answer key was not published despite the Court's direction.

(ii) According to the petitioners, in the year 1999, the Government of Tamil Nadu took a policy decision to offer computer science as an elective subject to the students of classes 11 and 12 in the government higher secondary school in the state. To give effect to the said policy, the state government awarded a five year contract to the Electronic Corporation of Tamil Nadu (ELCOT) to provide not only computer hardware and software, but also the man power for conducting the classes. From the year 1999 to 2005, ELCOT engaged computer instructors on a contract basis. Then, after the year 2005, the government passed G.O.Ms.No.187 dated 04.10.2006, to create one post of Computer Instructor in every government higher secondary school in the state with a requirement of 50% qualifying marks and waiving B.Ed degree for existing instructors. This decision was challenged before this Court in a batch of writ petitions filed by the B.Ed degree holders, which were allowed by order dated 13.03.2007. Against the said an order, Writ Appeal was preferred before the Hon'ble Division Bench of this Court in W.A.No.1215 of 2007, wherein the Hon'ble Division Bench allowed the writ appeal by its Judgement dated 22.08.2008. Subsequently, the decision of the Hon'ble Division Bench was challenged by the B.Ed qualified teachers before the Hon’ble Apex Court in Civil Appeal No. 4187 of 2009. The Hon'ble Apex Court vide its order dated 09.07.2009, disposed the said