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[Cites 1, Cited by 0]

Madras High Court

G.Karuppiah vs The Secretary on 11 January, 2024

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                      W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                        ORDER RESERVED ON            : 13.12.2023 & 18.12.2023

                                         ORDER PRONOUNCED ON : 11 .01.2024

                                                 CORAM:
                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                   W.P.(MD).Nos.8402, 23402, 27368 and 15344 of 2023
                                                           and
                                          W.M.P(MD).Nos.7725, 19608, 19610,
                                      19611, 23520, 23521, 12939 and 12941 of 2023

                     W.P(MD).No.8402 of 2023

                     G.Karuppiah                                                      ....Petitioner

                                                          Vs

                     1.The Secretary
                     Tamil Nadu Public Service Commission
                     T.N.P.S.C Road, Broadway
                     Park Town, Chennai 600 003

                     2.The Head Master
                     Capronhall Girls Higher Secondary School
                     Puttuthoppu Road, Ponnagaram
                     Arapalayam Cross Road
                     Madurai 625 016

                     3.S.Shanmugam

                     4.The Principal
                     Thirumalai Polytechnic College
                     Krishnapuram Post
                     Kilambi
                     Kancheepuram 631 551

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                                                   W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023


                     5.P.Krishnan

                     6.The Principal
                     Arignar Anna Government Arts College
                     College Nagar, Keezhperumpakkam
                     Near Housing Board, Vilupuram 605 602

                     7.M.Maheswari

                     8.The Principal
                     Nalanda Matric Higher Secondary School
                     Periyamottur Agasipalli, Near Dairy
                     Krishnagiri 635 001

                     9.B.Mahendran

                     10.News Tamil 24X7 Rep. by its Managing Director
                     No.145, 1-A, Rukmani Lakshmi Road
                     Egmore, Chennai 600 008                        ....Respondents

                     WP(MD).No.23402 of 2023

                     1.G.Muthupandi

                     2.P.Amalraj

                     3.K.Rajeshwaran

                     4.N.Sindhu Bairavi                                     ....Petitioners

                                                        Vs

                     The Secretary
                     Tamil Nadu Public Service Commission
                     TNPSC Road, Broad way
                     Park Town, Chennai 600 003                             ....Respondent




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                                                    W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023

                     WP(MD).No.27368 of 2023:

                     B.Thiruppathi Pandian                                  ...Petitioner

                                                         Vs
                     The Secretary
                     Tamil Nadu Public Service Commission
                     TNPSC Road, Broadway
                     Park Town, Chennai 600 003                             ....Respondent


                     WP(MD).No.15344 of 2023:

                     1.R.Palanikumar

                     2.M.Sumathi                                           ....Petitioners

                                                         Vs

                     1.The Secretary
                     Tamil Nadu Public Service Commission
                     T.N.P.S.C Road, Broadway
                     Park Town, Chennai 600 003

                     2.The Head Master
                     C.E.O.A.Matric Higher Secondary School
                     Sriram Nagar, A.Kosakulam
                     Madurai 625 017

                     3.T.Prabakaran

                     4.Karthika

                     5.Sangareswaran                                      .....Respondents

                     (Respondents 3 to 5 are impleaded vide Court
                     order dated 18.12.2023)




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                                                      W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023

                     Prayer in WP(MD).No.8402 of 2023: This Petition filed under Article 226
                     of the Constitution of India, to issue a Writ of Mandamus, directing the first
                     respondent to cancel the afternoon examination held on 25.02.2023 for the
                     post combined Civil Services Examination -II (Group-II Services and
                     Group-IIA Services) Interview post/Non-interview services for the year 2022
                     through a Notification No.03/2022 dated 23.02.2022, consequently direct the
                     first respondent to conduct re-exam for the post combined Civil Services
                     Examination-II (Group-II Services and Group-IIA Services) Interview
                     post/Non-interview services for the year 2022 through a Notification No.
                     03/2022 dated 23.02.2022 by considering the petitioner representation dated
                     24.03.2023 and email dated 24.03.2023 within the time stipulated by this
                     Court.
                     Prayer in WP(MD).No.23402 of 2023: This Petition filed under Article 226
                     of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to
                     call for the impugned notification under Advertisement No.605, under
                     Notification No.3/2022 dated 23.02.2022 issued by the respondent combined
                     Civil Services Examination -II (Interview posts/Non-Interview posts)
                     (Group-II Services and Group-IIA Services) under Service Code No.004 and
                     to quash the same as illegal as far as conductance of examinations on
                     25.02.2023 for Paper-I and Paper-II is concerned and direct the respondents
                     to conduct fresh examination by calling for a fresh notification and to
                     conduct examination fairly without any adversity, in the manner known to
                     law.
                     Prayer in WP(MD).No.27368 of 2023: This Petition filed under Article 226
                     of the Constitution of India, to issue a Writ of Certiorarified Mandamus,
                     calling for the entire records of the respondent pertaining the notification No.
                     03/2022 dated 23.02.2022 calling for applications post combined Civil
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                                                      W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023

                     Services Examination-II (Group-II Services and Group-IIA Services)
                     Interview post/Non Interview services for the year 2022 and quash the same
                     as illegal and directing the respondent to conduct reexam for the post
                     combined Civil Services Examination-II (Group-II Services and Group-IIA
                     Services) Interview post/Non-interview services for the year 2022 through a
                     Notification No.03/2022 dated 23.02.2022 by considering the petitioner email
                     representation dated 30.10.2023 within the time stipulated by this Court.


                     Prayer in WP(MD).No.15344 of 2023: This Petition filed under Article 226
                     of the Constitution of India, to issue a Writ of Mandamus, directing the first
                     respondent to cancel the afternoon examination held on 25.02.2023 for the
                     post combined Civil Services Examination -II (Group-II Services and
                     Group-IIA Services) Interview post/Non-interview services for the year 2022
                     through a Notification No.03/2022 dated 23.02.2022, consequently direct the
                     first respondent to conduct re-exam for the post combined Civil Services
                     Examination-II (Group-II Services and Group-IIA Services) Interview
                     post/Non-interview services for the year 2022 through a Notification No.
                     03/2022 dated 23.02.2022 by considering the petitioner representation dated
                     20.04.2023 and email dated 21.04.2023 within the time stipulated by this
                     Court.


                                  For Petitioners    : Mr.G.Sakthi Rao
                                                       in WP(MD).Nos.27368 & 8402 of 2023

                                                     : Mr.K.R.Laxman
                                                     in WP(MD).No.23402 of 2023

                                                     : Mr.E.Subbiah Alias Jeyavaradhan
                                                     in WP(MD).No.15344 of 2023

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                                                           W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023

                                        For Respondents    : Mr.Isaac Mohanlal
                                                            Senior Counsel
                                                            For Mr.V.Panneer Selvam
                                                            Standing Counsel for R1
                                                             in WP.Nos.8402 & 15344 of 2023 &
                                                             Respondent in WP.Nos.23402 & 27368/23

                                                            : Mr.S.Shanmugam
                                                             For R5, R7 & R9 in WP.No.8402 of 2023

                                                           : Mr.B.Vijay Karthikeyan for R2
                                                            and Mr.K.Saravanan for R3 to R5
                                                             in WP.No.15344 of 2023

                                                       COMMON ORDER

Since a common issue arises out of these writ petitions, they are tagged together and a common judgment is delivered.

(A).2.The prayer in four writ petitions are as follows:

(i).Prayer in WP(MD).No.8402 of 2023: This Petition has been filed to direct the first respondent to cancel the afternoon examination held on 25.02.2023 for the post combined Civil Services Examination -II (Group-II Services and Group-IIA Services) Interview post/Non-interview services for the year 2022 through a Notification No.03/2022 dated 23.02.2022, consequently direct the first respondent to conduct reexam for the post combined Civil Services Examination-II (Group-II Services and Group-IIA Services) Interview post/Non-interview services for the year 2022 through a Notification No.03/2022 dated 23.02.2022 by considering the petitioner representation dated 24.03.2023 and email dated 24.03.2023 within the time https://www.mhc.tn.gov.in/judis 6/22 W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023 stipulated by this Court.

(ii) Prayer in WP(MD).No.23402 of 2023: This Petition has been filed to call for the impugned notification under Advertisement No.605, under Notification No.3/2022 dated 23.02.2022 issued by the respondent combined Civil Services Examination -II (Interview posts/Non-Interview posts) (Group-II Services and Group-IIA Services) under Service Code No.004 and to quash the same as illegal as far as conductance of examination on 25.02.2023 for Paper-I and Paper-II is concerned and direct the respondents to conduct fresh examination by calling for a fresh notification and to conduct examination fairly without any adversity, in the manner known to law.

(iii)Prayer in WP(MD).No.27368 of 2023: This Petition has been filed to call for the entire records of the respondent pertaining the notification No.03/2022 dated 23.02.2022 calling for applications post combined Civil Services Examination-II (Group-II Services and Group-IIA Services) Interview post/Non Interview services for the year 2022 and quash the same as illegal and directing the respondent to conduct reexam for the post combined Civil Services Examination-II (Group-II Services and Group-IIA Services) Interview post/Non-interview services for the year 2022 through a Notification No.03/2022 dated 23.02.2022 by considering the email https://www.mhc.tn.gov.in/judis 7/22 W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023 representation dated 30.10.2023 within the time stipulated by this Court.

(iv)Prayer in WP(MD).No.15344 of 2023: This Petition has been filed to direct the first respondent to cancel the afternoon examination held on 25.02.2023 for the post combined Civil Services Examination -II (Group-II Services and Group-IIA Services) Interview post/Non-interview services for the year 2022 through a Notification No.03/2022 dated 23.02.2022, consequently direct the first respondent to conduct re-exam for the post combined Civil Services Examination-II (Group-II Services and Group-IIA Services) Interview post/Non-interview services for the year 2022 through a Notification No.03/2022 dated 23.02.2022 by considering the petitioner representation dated 20.04.2023 and email dated 21.04.2023 within the time stipulated by this Court.

(B).3.The Factual Matrix:

(i)Tamil Nadu Public Service Commission issued an advertisement in Advertisement No.605 in Notification No.3/2022 dated 23.02.2022 calling for applications for Direct Recruitment to the post of Grade-II Service/Grade-

IIA Service. As per the said notification, the scheme of examination is by way of preliminary examination consisting of objective type questions and the written examination consisting of descriptive type answers with Paper-I and https://www.mhc.tn.gov.in/judis 8/22 W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023 Paper-II. Paper-I is compulsory Tamil qualifying paper and Paper-II is General Studies. As per the notification, Paper-I is only a qualifying examination and the same will not be considered for selection to interview. It was further notified that Paper-II will be evaluated only if candidates secured minimum qualifying marks in Paper-I.

(ii)Out of 11,78,175 who had appeared for preliminary examination, 55,071 had cleared the said examination. The petitioners are among the candidates who have cleared the preliminary examination. The main examination was conducted by TNPSC on 21.05.2022. In the morning session, Paper-I examination was conducted and in the afternoon session, Paper-II examination was conducted. Alleging irregularities in the conduct of Paper-I and Paper -II main written examinations, the present writ petitions have been filed.

(C).4.The contentions of the learned counsel appearing for the petitioners are as follows:

(i)Allegations relating to Paper-I:
(a)As per schedule, Paper-I examination has to be conducted between 09.30 a.m to 12.30 p.m. The candidates will be supplied with booklet (question paper with space for writing the answers) at 09.15 a.m. 15 minutes time is granted for going through the question paper. The petitioners have to commence writing the examination from 09.30 a.m and https://www.mhc.tn.gov.in/judis 9/22 W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023 hand over the booklet at 12.30 p.m.
(b)According to the learned counsel for the petitioners, the booklets were imprinted with registration number of the candidates.

Therefore, only the booklet with correct registration number should be handed over to the concerned candidates. Though the booklets were handed over at 09.15 a.m, they came to know that that they have received a wrong booklet containing a different registration number. Some of the candidates in the hall have opened the seal and started writing the answers in the space provided. After a few minutes, the Chief Invigilator had stopped the examination and collected back the booklets on the ground that wrong booklets have been circulated to the candidates. The candidates were sent out of the Hall.

(c)It is the further contention of the writ petitioners that since the booklets have been opened by the candidates, they have already seen the questions and therefore, while standing out side, the candidates were seen discussing the questions and the answers and there was also an attempt to verify the correct answer using mobile-Internet.

(d)After a few minutes, all of them were called into the Hall and they were distributed with the correct booklet relating to their registered numbers. Some of the booklets have already been used. The examination was started belatedly and 3 hours time was granted from the commencement of the https://www.mhc.tn.gov.in/judis 10/22 W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023 examination. Since the examination ended belatedly, there was no time to take lunch before appearing for the Paper-II examination in the afternoon session.

(e)A perusal of the answer sheets would clearly indicate that two types of hand-writing will be available in the booklet for Paper-I.

(ii).Allegations relating to Paper-II

(a)In some of the centres, it is contended that Paper-II questions were wrongly circulated in the morning session and the candidates become aware of the questions even during the morning session.

(b)As per TNPSC Regulations, the cover containing the booklet has to be opened in front of the candidates and two of the candidates have to sign the same. However, in all the examination halls, the cover containing the booklet was already open and therefore, there was every possibility of viewing the questions, even before it was circulated to the candidates.

(c)The examination started only at 2.30 p.m instead of 2.00 p.m and ended at 5.30 p.m. However, in some of the Halls in the same centre, the candidates were seen writing the examination beyond 5.30 p.m also. Any additional time granted to other candidates, would certainly jeo paradise the prospects of the petitioners. The candidates who got additional time would be in a position to answer more questions than the candidates who had to hand over heir booklets at 5.30 p.m. https://www.mhc.tn.gov.in/judis 11/22 W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023

(d)Since the examination commenced at 2.30 p.m and ended at 5.30 p.m, the additional time of 15 minutes for going through the question paper was not be granted. On the basis of the said allegation, the learned counsel for the petitioners prayed that the main written examination may be cancelled and a fresh examination may be conducted.

(D).5.The contentions of the learned Senior Counsel appearing for TNPSC are as follows:

(i)In the morning session, the booklets were distributed to the students at 9.15 a.m. Later the Hall Superintendents came to know that the booklets have been distributed not in the order of registration number. Immediately, the booklets were collected back. The registration number is imprinted on the first page. Therefore, none of the candidates have opened the answer booklet on finding that they have received a wrong booklet.
(ii)After re-arranging the booklets in the order of registration number, the booklets were re-distributed to the candidates. Since the question papers were distributed belatedly, additional time was granted to all the candidates.

However, in none of the centres, it exceeded 3 hours from the time of commencement. Since the side seal of the booklet was not opened by any one of the candidates, there was no possibility for viewing the questions or discussing the answers while they were standing outside. https://www.mhc.tn.gov.in/judis 12/22 W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023

(iii)The learned Senior Counsel had further contended that none of the petitioners have complained that they have received the used booklet nor they have used the booklet that was supplied to them. It is only a case of presumption on the part of the petitioners that this would have happened in some of the centres or in some other Hall.

(iv)The learned Senior Counsel had further contended that as far as the distribution of booklet for Paper-II in the afternoon session is concerned, the plastic wrappers containing the booklets were opened in front of all the invigilators in order to avoid the confusion that had happened in the morning session. The booklets were re-arranged as per the registration number and handed over to the concerned Hall Superintendents. The entire process was videographed in all the exam Centres. Therefore, the allegation that the question paper was leaked is not factually correct.

(v)Even with regard to Paper-II, the side seal on the booklet was intact while it was distributed to the candidates. None of the candidates have alleged that the side seal was broken. Without breaking the side seal, it is not possible to view the questions. The afternoon session was also started belatedly due to re-arranging of the booklets and therefore, 3 hours time was granted from the time of commencement in each one of the centres. In some of the Halls, if the booklets were distributed belatedly, additional time would https://www.mhc.tn.gov.in/judis 13/22 W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023 have been granted. However, in none of the Halls in the exam Centre time was granted beyond 3 hours from the time of commencement. Therefore, the contention of the petitioners that some of the candidates in the other Hall or in the other Centres were granted more time than 3 hours is not factually correct. The concerned officials of the centre have certified that in all the Halls and Exam Centres only 3 hours time was granted from the time of commencement.

(vi)The learned Senior Counsel had further contended that since the registration number is imprinted in front page of the booklet, not arranged as per the allotment of Halls to the candidates, those mistakes had happened in the morning session. Therefore, in the afternoon session, the outer plastic wrapper consisting of 10 booklets was opened and the booklets were re-arranged as per the Hall allotted to the candidates.

(vii)The colour of the wrapper for the morning session and the afternoon session are different and therefore, there was no occasion whatsoever for opening and distribution of afternoon papers in the morning session. It is only a presumption on the part of the petitioners that afternoon papers were distributed in the morning session. Out of thousands of candidates who had appeared in the main written examinations, only a few of them have approached this Court making these allegations based upon certain https://www.mhc.tn.gov.in/judis 14/22 W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023 hearsay evidence. The petitioners themselves have admitted that they have not received the used booklets nor they have used their booklets in the morning sessions till the correct booklets were issued to them. Hence, he prayed for dismissal of the writ petition.

6.I have considered the submissions made on either side and perused the material records.

(E).7.Allegations relating to Paper-I:

(i)In WP(MD).No.8402 of 2023 and in W.P(MD).No.15344 of 2023, the petitioners in paragraph No.6 had admitted that after finding that the registration number in their booklet is wrong, they had not written any answer in the booklet and he had raised the query about this issue to the room invigilator.
(ii)In WP(MD).No.23402 of 2023, the writ petitioner in para No.7 had contended that they had started writing the answers in the wrong booklet.
(iii)In WP(MD).No.27638 of 202 in Paragraph No.6 of the affidavit, the petitioner had contended that on seeing the wrong registration number in his booklet, he has not written any answer in the booklet and he had raised the query about the same to the room Invigilator.
(iv)None of the petitioners have contended that at the time when they received back the correct booklet containing their registration numbers, it was https://www.mhc.tn.gov.in/judis 15/22 W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023 an used booklet. Though the petitioner in WP(MD).No.23402 of 2023 had contended that they had started writing examination in the wrong registration number, none of the candidates in the said Hall or Centre have made allegation that they have received the used booklets. Therefore, as far as the case of the petitioners are concerned, they have never received any used booklets.
(v)Though it was contended by the petitioners that others had started writing the booklet with wrong registration number, no complaint had emanated from any one of the candidates that they have received used booklet. The registration number is imprinted on the front page of the booklets. Therefore, the candidates after seeing the wrong registration numbers, none of them have proceeded to open the booklet. Therefore, the contentions raised by the petitioners are not factually correct.
(vi)The learned counsel for the petitioner had further contended that the booklet would have two handwriting indicating that used booklets were distributed. But none of the candidates have come before the Court complaining that they have received used booklet. Therefore, the allegations of the petitioners is highly imaginary and it is based on hearsay.
(F).8.Allegations relating to Paper-II:
(i)The primary allegation relating to Paper-II General Studies examination is that the wrapper containing the booklet was not opened in the https://www.mhc.tn.gov.in/judis 16/22 W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023 exam hall in front of the candidates. The cover was already open when the same was brought to the exam hall. It is further alleged that as per TNPSC guidelines, two candidates have to sign on the cover certifying that it is opened in their presence. Such a signature was also not obtained from the candidates.
(ii)The learned Senior Counsel appearing for TNPSC had submitted that outer plastic wrapper containing the booklet was opened in the presence of the Chief Invigilator under video surveillance and the booklets were re-arranged in the order of allotment of candidates as per the exam hall. This was done to avoid confusion which had taken place in the morning session.

The outer plastic wrapper for the morning session is green in colour and the afternoon session is orange in colour with label clearly indicating the hall number, subject name, session and number of copies. Therefore, it is factually incorrect to allege that the question paper relating to afternoon session were distributed in the morning session. No such allegation has emanated from any one of the exam centres.

(iii)Specimen copy of the green and orange colour wrappers for two different sessions along with booklets were produced before this Court. This Court is satisfied that the wrappers are having different colours and there is no possibility of opening a wrong wrapper in the morning session. https://www.mhc.tn.gov.in/judis 17/22 W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023

(iv)It is not the case of the petitioners that they have received the afternoon booklet in the morning session. The entire affidavit is on the basis of some hearsay or alleged news item telecast in a T.V. Channel. Therefore, this Court is of the considered opinion that the allegation of afternoon session Paper-II booklet was circulated during the morning session instead of Paper-I booklet is without any basis whatsoever.

(v)The other contention of the learned counsel for the petitioners is that though they were not permitted to write the examination beyond 5.30 p.m, in the other exam halls in the same centre, they had found some of the candidates continuing to write the examination beyond 5.30 p.m. The respondent had pointed out that in the afternoon session, the booklets were re-arranged as per the hall and they were distributed on different timings to different halls. Therefore, the candidates in each one of the halls have been granted 3 hours from the time of commencement of the examination. Though all the candidates have reached the hall by 2.30 p.m, the booklets were distributed on different timings to the candidates in each hall. Therefore, some of the candidates in the other halls were granted 5 to 10 minutes more time in order to achieve 3 hours.

(vi) In the counter, it is specifically pointed out that the exam centres in which the petitioners have appeared, the Chief Invigilator has given a declaration that additional time was granted only in halls where the booklets https://www.mhc.tn.gov.in/judis 18/22 W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023 were distributed belatedly. There is no dispute that the petitioners have been granted full 3 hours to write their examinations. Their only allegation is that some other candidates have been granted additional time over and above 3 hours. This has been properly explained by TNPSC to the effect that wherever the booklets were distributed belatedly, in order to cover 3 hours, additional time was granted. Therefore, this Court is of the considered opinion that the allegation relating to grant of additional time to some other candidates in another hall of the same centre is not legally sustainable.

(vii)The petitioners had further contended that 15 minutes prior to the commencement of the examination they would be permitted to open the booklet and read the questions. However, they were not able to do so both in the morning session as well as in the evening session, in view of the fact that they were granted just 3 hours for writing the examination.

(viii)A perusal of Instruction No.6 which is annexed to the hall ticket clearly indicates that the additional 15 minutes is only for giving instructions by the Hall Superintendent for writing the examination. Therefore, it is clear that the additional 15 minutes prior to the actual commencement of the examination is not meant for perusing the booklet or to write the answers. In fact, the candidates are not even expected to open the seal. Therefore, the https://www.mhc.tn.gov.in/judis 19/22 W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023 contention of the petitioners that they were deprived of additional 15 minutes for perusal of the question paper is not legally sustainable.

(ix) The entire issue has arisen only because of the fact that there was discrepancy between the arrangement of booklet in the wrapper and the seating arrangement of the candidates in the hall. The candidates were distributed with booklets carrying registration number of other candidates. The candidates were cautious enough to bring it to the notice of the Hall Superintendent and the booklets were returned and thereafter, redistributed to the respective candidates.

(x)Though the petitioners have contended that there was a possibility of viewing the question, as rightly pointed out by the learned Senior Counsel appearing for TNPSC that when the side seal was intact, there is no possibility of viewing the question. None of the candidates have alleged that they have received the unsealed booklets or used booklets.

(xi)As far as the afternoon session relating to Paper-II is concerned, the only major allegation made is that the outer wrapper was not opened in front of the candidates in the hall. The chaos in the morning session is only due to the wrong distribution of the booklets. Therefore, in order to avoid repetition of the same, the exterior wrapper has been opened and the booklets have been re-arranged in accordance with the exam hall and the same has been https://www.mhc.tn.gov.in/judis 20/22 W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023 videographed according to the counter affidavit.

(xii)Even as far as the Paper-II in the afternoon session is concerned, it is not the case of the candidates that the seal in the booklet was broken. Therefore, this Court does not find any reason to interfere in the recruitment process except issuing a direction to TNPSC to be cautious in future while distributing the answer booklets containing imprinted registered numbers. TNPSC should have been more careful in arranging the booklets in the wrapper, especially when they are imprinted with registration number.

9.In view of the above said deliberations, there are no merits in the writ petition and all the writ petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

11.01.2024.



                     Internet : Yes/No
                     Index : Yes/No
                     NCC        : Yes/No
                     msa




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                                  W.P(MD).Nos.8402, 23402, 27368 & 15344 of 2023

                                                       R.VIJAYAKUMAR, J.


                                                                            msa




                                           Pre-delivery common order made in


                                   W.P.(MD).Nos.8402, 23402, 27368 and
                                   15344 of 2023 and W.M.P(MD).Nos.
                                   7725, 19608, 19610, 19611, 23520,
                                   23521, 12939 and 12941 of 2023




                                                                     11.01.2024



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