LAWS(MAD)-2019-11-943

M. SARANYA Vs. SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT

Decided On November 22, 2019
M. Saranya Appellant
V/S
SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT Respondents

JUDGEMENT

(1.) This Writ petition has been filed seeking a direction to the respondents to award additional marks in the on-line examination conducted by the first respondent on 29.09.2019 and further direct the respondents to consider the petitioner candidature for appointment to the post of P.G. Assistant (Tamil).

(2.) The petitioner participated in the selection process conducted by the Teachers Recruitment Board for appointment to the post of P.G. Assistant (Tamil). The selection was conducted through on-line examination by objective type questions for 150 marks. The minimum marks for being considered for appointment for Scheduled Caste and Scheduled Tribes is 68 marks and for others is 75 marks. The Teachers Recruitment Board published the key answer on 03.10.2019. The petitioner has written the correct answer as per the standard books in the relevant subjects, however, they were not awarded any marks for such questions. The petitioner is entitled to marks for the said questions and if such marks are awarded to her, she will be eligible for being considered for appointment to the post of P.G. Assistant (Tamil). The Teachers Recruitment Board has not selected the candidate for entire vacancies published by them and still there are some vacancies. Under such circumstances, the petitioner has come up with the Writ Petition for the relief stated above.

(3.) The learned Special Government Pleader appearing for the respondents/TRB would contend that the notification was issued on 12.06.2019, fixing the last date for submitting the applications on 15.07.2019, and written examination was conducted on 29.09.2019. The Teachers Recruitment Board published the tentative key answer on 21.10.2019. The Teachers Recruitment Board constituted an Expert Committee to consider the objections received from the various candidates. The Expert Committee scrutinized all the objections received on 21.10.2019 by following the procedure, without any discrimination. Some of the petitioners have also given objections within the time stipulated by the Teachers Recruitment Board. The Special Government Pleader further contended that the key answer to the questions were prepared in consultation with the experts in the subject. The objections received from the candidates will be examined and appropriate orders will be passed by the expert. While so, this Court need not interfere with the claim of the petitioner for awarding additional marks purportedly on the basis that there is a mistake in the key answer given by the expert. In support of his contention, he relied on the following Judgments:-