IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2022

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

W.P.No.35235 of 2012

and

M.P.No.1 of 2012

R. Srividhya

...Petitioner

Vs.

1. The Government of Tamil Nadu

Represented by its Secretary,

Education Department,

Fort St.George,

Chennai – 600 039.

2.

The Chairman,

Teachers Recruitment Board,

4^th Floor, E.V.K.Sampath Maaligai,

DPI, Compound, College Road,

Chennai 600 006.

3. The Director of School Education,

DPI, Compound, College Road,

Chennai 600 006.

... Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of

India, praying to issue of a Writ of Mandamus to direct the 2^nd

respondent herein to award marks for question Nos.50, 55, 44,

137, 99, 33, 34, 35, 41, 42, 46, 53, 54, 57, 58, 60, 101, 104,

105, 132, 134, 114, 5, 11, 25, and 33 by reevaluating the answer

sheet of the petitioner (Roll No.12TE25651950) for the Re-test

held on 14.10.2012 so as to issue Teacher Eligibility Test

Certificate to the petitioner and consequently direct all the

respondents herein to forthwith appoint the petitioner as B.T.

Assistant Teacher (Maths) in Tiruvannamalai District.

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For Petitioner :Mr.K.Raja

For Respondents : Mr.C.Kathiravan

Senior Counsel for R2 (TRB)

V.Yamunadevi for R1 & R3

Special Government Pleader

ORDER

This Writ Petition is filed to issue a Writ of Mandamus to

direct the 2^nd respondent herein to award marks for question

Nos.50, 55, 44, 137, 99, 33, 34, 35, 41, 42, 46, 53, 54, 57,

58, 60, 101, 104, 105, 132, 134, 114, 5, 11, 25, and 33 by

reevaluating the answer sheet of the petitioner (Roll

No.12TE25651950) for the Re-test held on 14.10.2012 so as to

issue Teacher Eligibility Test Certificate to the petitioner and

consequently direct all the respondents herein to forthwith

appoint the petitioner as B.T. Assistant Teacher (Maths) in

Tiruvannamalai District.

2. The petitioner belongs to OC category and possessed the

necessary qualification viz., B.Sc., B.Ed., The 2nd respondent

conducted the Tamil Nadu Teacher Eligibility Test on 12.07.2012

in accordance with the Right to Eduction Act and the conditions

laid down by the National Council for Teacher Education. It is

submitted by the learned counsel for the petitioner and the

learned counsel for the respondents that the cut off mark was 90

out of 150 and that the petitioner had originally secured 87

marks. It is also admitted that the syllabus for the examination

would be Class VI to VIII but their difficulty standard as well

as linkages will be up to the Higher Secondary stage.

3.It is the case of the petitioners that the answer sheet

needs to be reevaluated inasmuch as 26 questions requires

correction for the following reasons:

(a)

The syllabus being with reference to the

Standards/Classes VI to VIII and only the linkages with

difficulty would go up to the Secondary Standard stage.

Question Nos.33, 34, 35, 41, 42, 44, 46, 50, 53, 54, 55, 57, 58,

60, 99, 101, 104, 105, 114, 132, 134 and 137 were framed out

of syllabus.

(b) In addition insofar as Question Nos.5, 11, 25 are

concerned, the same may have to be decided on obtaining the

opinion of the subject experts for right answers.

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(c)Further insofar as question No.5, the answers to the

questions in the test conducted by the Teachers Recruitment

Board were primarily taken from the books authored by

S.K.Mangal and Dr.K.Nagarajan , however both the authors

had given different answers as would be evident from the

fact that the answer to the Question No.5 in the book

authored by S.K.Mangal is 'B' whereas the answer to the

Question No.5 in the book authored by Dr.K.Nagarajan is

'D'. 'D' is