Madras High Court
Balaji vs The Government Of Tamil Nadu on 20 April, 2022
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.(MD)No.22179 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:20.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)No.22179 of 2019
Balaji ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep by its Secretary,
Home, Prohibition and Excise Department,
Secretariat,
Chennai.
2.The Member Secretary,
Tamil Nadu Uniform Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road,
Egmore,
Chennai. ... Respondents
PRAYER: Writ Petition under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the 2nd respondent to further provide
6 additional bonus marks to the petitioner towards asking confessed
questions and giving wrong objective answer to pick it as answer in the
examination conducted for filing up 2nd grade common cadre PC/Jail
1/10
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.22179 of 2019
Warder/Fire man posts as per the advertisement No.1 of 2019, dated
06.03.2019 issued by the 2nd respondent.
For Petitioner : Mr.K.K.Samy
For Respondents : Mr.Veera Kathiravan,
Additional Advocate General
assisted by Mr.AK.Manikkam,
Special Government Pleader
ORDER
The relief sought for in the present writ petition is to direct the second respondent to provide 6 additional bonus marks to the petitioner towards confused questions and giving wrong objective answer.
2.The petitioner participated in the process of selection for appointing to the post of Grade-II Police Constable. He was not selected due to the fact that he has scored lesser mark than the cut-off marks and accordingly, his candidature was rejected.
3.The learned counsel appearing for the petitioner mainly contended that 10 questions were wrongly formulated and therefore, the petitioner is entitled for 10 marks, for those questions. If awarding 10 2/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22179 of 2019 marks, the petitioner would be in the zone of consideration. In view of the fact that the respondents have committed an error in formulating the questions, the petitioner has been denied with an opportunity for selection to the post of Grade-II Police Constable. Thus, the petitioner is constrained to move the present writ petition.
4.The learned Additional Advocate General appearing for the respondents disputed the said contentions by stating that all the 10 questions, as specified by the petitioner, were verified with reference to the answer script of the petitioner. He has secured 4 marks, out of 10 questions, and in respect of the remaining questions, his answers were found not correct and accordingly, 4 marks were granted to the petitioner.
After granting 4 marks, the petitioner was not within the zone of consideration and therefore, he was not selected. Regarding the answers given by the petitioner with reference to the key answers in respect of 10 questions are elaborated in para No.9 of the counter affidavit, which reads as under:
“9. It is submitted that petitioner in his writ petition has 3/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22179 of 2019 stated that in the question paper of the written examination 10 questions asked contained either wrong meaning or wrong answer and was confusing and did not convey full meaning and the related answers did not match the question. It is further submitted that details of the 10 questions disputed of B booklet series of the petitioner are furnished below:-
Question No.26 ,e;jpa ehl;L tUkhdj;jpy; gzpfs; Jiwapd; gq;fspg;g[?
Answer given Preliminary Final answer key Mark awarded
by the answer key published by to the
petitioner as published by TNUSRB petitioner
per his OMR TNUSRB
answer sheet
B C C ..
Question No.30
rhh; mikg;gpd; Kjy; khehL eilbgw;w ,lk;?
Answer given Preliminary Final answer key Mark awarded
by the answer key published by to the
petitioner as published by TNUSRB petitioner
per his OMR TNUSRB
answer sheet
A C All correct 1
Question No.56
fPH;fz;l tiuglq;fspy; ,Ue;J rhpahd tpiliaj; njh;e;bjLf;ft[k;.4/10
https://www.mhc.tn.gov.in/judis W.P.(MD)No.22179 of 2019 O ? ? ?
? O O
Answer given Preliminary Final answer key Mark awarded
by the answer key published by to the
petitioner as published by TNUSRB petitioner
per his OMR TNUSRB
answer sheet
B D All Correct 1
Question No.57
fPH;f;fz;ltw;iw thpirg;gLj;jt[k;
1.brk;g[ 2.,Uk;g[ 3.jq;fk; 4.bts;sp 5.gpj;jis Answer given Preliminary Final answer key Mark awarded by the answer key published by to the petitioner as published by TNUSRB petitioner per his OMR TNUSRB answer sheet C B B ...
Question No.58 jdpj;J epw;Fk; vGj;J vJ vd;gijf; Fwpf;ft[k; S B M E Answer given Preliminary Final answer key Mark awarded by the answer key published by to the petitioner as published by TNUSRB petitioner per his OMR TNUSRB answer sheet A D D ...
5/10https://www.mhc.tn.gov.in/judis W.P.(MD)No.22179 of 2019 Question No.63 “A” vd;gth; X – ,d; je;ij 'B' Y-apd; jhahthh; kw;Wk; 'Z' ,d; rnfhjhp Y Mthh;. fPGs;s ve;jf; Tw;W cWjpahfr; rhpay;y?
Answer given Preliminary Final answer key Mark awarded
by the answer key published by to the
petitioner as published by TNUSRB petitioner
per his OMR TNUSRB
answer sheet
A B B ...
Question No.66
btepeha;;f;fo nehiaf; fz;Lgpof;f nkiy ehLfs; njitahd midj;Jk; mlq;fpa Ma;t[f; Tlq;fisf; bfhz;oUf;fpd;wd.
Answer given Preliminary Final answer key Mark awarded
by the answer key published by to the
petitioner as published by TNUSRB petitioner
per his OMR TNUSRB
answer sheet
A B B ...
Question No.69
btwpeha;f;foahy; ghjpf;fg;gl;l tpyq;F Mnuhf;fpakhd tpyq;iff; foj;jhy; epr;rakha; btwpeha;f;fo neha; gut[k;.
6/10https://www.mhc.tn.gov.in/judis W.P.(MD)No.22179 of 2019 Answer given Preliminary Final answer key Mark awarded by the answer key published by to the petitioner as published by TNUSRB petitioner per his OMR TNUSRB answer sheet C A A ...
Question No.70 'Necessary' vd;w thh;j;ijapy; vj;jid vj;jdinah vGj;Jf;fs; cs;sd. mJt[k; beLq;fzf;fpy; cs;s khjphp mnj thpirapy; mjpf vGj;Jf;fs; mjdpilna ,e;j thh;j;ijapy; bfhz;oUf;fpd;wd.
Answer given Preliminary Final answer key Mark awarded
by the answer key published by to the
petitioner as published by TNUSRB petitioner
per his OMR TNUSRB
answer sheet
C A All Correct 1
Question No.71.......
epug;g[f
1 3 5 7
1 4 7 10
1 ? 10 15
7/10
https://www.mhc.tn.gov.in/judis W.P.(MD)No.22179 of 2019 Answer given Preliminary Final answer key Mark awarded by the answer key published by to the petitioner as published by TNUSRB petitioner per his OMR TNUSRB answer sheet D B D 1
5.A perusal of the above details reveal that 4 marks have been awarded to the writ petitioner for the confused questions/wrong questions. In respect of the other questions, the evaluations were done as per the key answers and the petitioner has made an incorrect answer and therefore, 6 marks were not granted to him and thus, the petitioner has not come within the zone of consideration.
6.This Court is of the considered opinion that the power of judicial review is to be exercised to evaluate whether the Selection Committee has acted in a fair and uniformed manner. In the event of any wrong questions or answers with reference to the key answers whether the unity amongst the participated candidates are followed or not, is considered by the High Court, the correctness of the answers need not gone into by this 8/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22179 of 2019 Court. If unity and consistency are followed in evaluating the marks amongst the candidates, then it would be a sufficient to meet out the principles of reasonableness and fairness for the purpose of confirming the information.
7.In the present case, the petitioner disputed 10 questions. All the 10 questions were verified with the answer scripts of the petitioner by the respondents. They have awarded 4 marks to the petitioner. With reference to the other 6 questions, he has marked wrong answers and therefore, the petitioner was awarded 4 marks. Even if awarded 4 marks, he was not come within the zone of consideration and therefore, the relief as such sought for in the present writ petition cannot be granted. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
20.04.2022 Index:Yes/No Internet:Yes/No Ns 9/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.22179 of 2019 S.M.SUBRAMANIAM,J.
Ns To
1.The Government of Tamil Nadu, Rep by its Secretary, Home, Prohibition and Excise Department, Secretariat, Chennai.
2.The Member Secretary, Tamil Nadu Uniform Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai.
W.P.(MD)No.22179 of 201920.04.2022 10/10 https://www.mhc.tn.gov.in/judis