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Madras High Court

Tamilnadu Typewritting -Shorthand vs The Principal Secretary To Government ... on 11 March, 2022

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                          W.P.(MD)No.4417 of 2022


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 11.03.2022

                                                    CORAM

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                             W.P.(MD)No.4417 of 2022

                     TamilNadu Typewritting -Shorthand-
                       Computer Institutes Sangm,
                     represented by its President,
                     Soma.Sankar, Virudhunagar District.                     ... Petitioner

                                                       vs.
                     1.The Principal Secretary to Government of Tamilnadu,
                       Senior Education Department,
                       Secretariat, Fort St.George, Chennai.

                     2.The Commissioner,
                       Directorate of Technical Education,
                       53, Sardar Patel Road, Baktavatsalam Nagar,
                       Guindy, Chennai.

                     3.The Chairman, Board of Exams,
                       Department of Technical Education,
                       Chennai.                                      ... Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India for issuance of Writ of Mandamus, to direct the respondents to
                     conduct the exams for the common Center - Type Writing Examinations
                     (Junior Grade and Senior Grade) for the year Feb/Mar 2022, scheduled to
                     be held on 26.03.2022 and 27.03.2022 in old pattern, ie., First Paper I

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                                                                                  W.P.(MD)No.4417 of 2022


                     (Speed) and Second Paper II (Statement and Letters) instead of First
                     Paper I (Statement and Letter) and Second Paper II (Speed) by
                     considering the petitioner's representation dated 23.02.2022, within a
                     time limit that may be fixed by this Court,


                                        For Petitioner  :Mr.VR.Shanmuganathan
                                        For Respondents :Mr.N.GA.Nataraj
                                                        Government Advocate
                                        For Intervenor  :Mr.R.Anand
                                                          *****

                                                          ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to conduct the examinations for the common Center - Type Writing Examinations (Junior Grade and Senior Grade) for the year Feb/Mar 2022, scheduled to be held on 26.03.2022 and 27.03.2022 in old pattern, ie., First Paper I (Speed) and Second Paper II (Statement and Letters) instead of First Paper I (Statement and Letter) and Second Paper II (Speed) by considering the petitioner's representation dated 23.02.2022, within a time frame to be fixed by this Court.

2.The case of the petitioner is that the petitioner is a registered 2/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4417 of 2022 association formed for the benefit of shorthand writers. According to the petitioner, earlier, the examinations for the common Center - Type Writing Examinations (Junior Grade and Senior Grade) were held in the following manner:

“First Paper I (Speed) and Second Paper II (Statement and Letters)”

3.But, according to the petitioner, all of a sudden, a new pattern has been introduced, which is as follows:

“First Paper I (Statement and Letter) and Second Paper II (Speed)”

4.According to the petitioner association, its members as well as the general public will be affected by introduction of the new pattern. In such circumstances, the petitioner association has submitted a representation on 23.02.2022 requesting the respondents to conduct the examinations as per the old pattern referred to supra. The petitioner has also stated that the examination for the ensuing year is scheduled on 26.03.2022 and 27.03.2022. Since the said representation has not been considered till date, the petitioner has filed this Writ Petition. 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4417 of 2022

5.Heard Mr.VR.Shanmuganathan, learned Counsel for the petitioner, Mr.N.GA.Nataraj, learned Government Advocate, who takes notice on behalf of the respondents and Mr.R.Anand, learned Counsel appearing on behalf of the intervenor/Federation of Tamil Nadu Typewriting Institute.

6.Mr.R.Anand, learned Counsel appearing for the intervenor submits that they are opposing the plea taken by the petitioner, as according to them, the new pattern is beneficial instead of old pattern. He also submits that the aforementioned association may also be heard as and when the petitioner's representation is considered on merits and in accordance with law. The said statement is recorded.

7.No prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner as well as the representatives of Federation of Tamil Nadu Typewriting Institute and any other necessary party whom the third respondent deems fit to enquire. The examination 4/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4417 of 2022 is scheduled on 26.03.2022 and 27.03.2022.

8.Accordingly, this Courts directs the third respondent to consider the petitioner's representation, dated 23.02.2022 requesting the respondents to conduct the examinations for the common Center - Type Writing Examinations (Junior Grade and Senior Grade) for the year Feb/Mar 2022, scheduled to be held on 26.03.2022 and 27.03.2022 in old pattern, ie., First Paper I (Speed) and Second Paper II (Statement and Letters) instead of First Paper I (Statement and Letter) and Second Paper II (Speed) and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and the representatives of Federation of Tamil Nadu Typewriting Institute, and any other party, whom the third respondent deems fit to enquire on or before 25.03.2022.

9.With the above observation, this Writ Petition is disposed of. No costs.

                     Index              :Yes / No                            11.03.2022
                     Internet           :Yes
                     cmr


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                                                                         W.P.(MD)No.4417 of 2022



                     To

1.The Principal Secretary to Government of Tamilnadu, Senior Education Department, Secretariat, Fort St.George, Chennai.

2.The Commissioner, Directorate of Technical Education, 53, Sardar Patel Road, Baktavatsalam Nagar, Guindy, Chennai.

3.The Chairman, Board of Exams, Department of Technical Education, Chennai.

6/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.4417 of 2022 ABDUL QUDDHOSE, J.

cmr Order made in W.P.(MD)No.4417 of 2022 11.03.2022 7/7 https://www.mhc.tn.gov.in/judis