Sendhil.C v. The Govt Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P.No.5200 of 2025 Sendhil.C ... Appellant Vs.
1.The Government of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.
2.The Joint Director of School Education (Personnel), Puratchi Thalaivar Dr. M.G.R.Centenary Building, 3rd and 4th Floor, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Nungambakkam, Chennai - 600 006.
3.Tamil Nadu Teachers Recruitment Board, Rep. by its Secretary, Puratchi Thalaivar Dr. M.G.R.Centenary Building, 3rd and 4th Floor, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Nungambakkam, Chennai - 600 006.
... Respondents Page No.: 1 of 6
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order made in W.P.No.28477 of 2024 dated 01.10.2024 and direct the respondents to provide marks to the correct answers and select the appellant.
For Appellant : Ms.Usha Ramman For Respondents : Mr.R.Neethi Perumal, Government Advocate for R1 & R2 Mr.R.Neelakandan, Additional Advocate General assisted by Mr.K.Sathish Kumar, Standing Counsel for R3 *****
J U D G M E N T
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The petitioner has filed the Writ Petition challenging the provisional list dated 23.08.2024 on the ground that he should have been given marks for the question Nos.83, 143 and 144 and the key answers suggested by the 3rd respondent viz., Teachers Recruitment Board are incorrect.
2. The petitioner had secured 93 marks and he belongs to Most Backward Page No.: 2 of 6
Class Community (General) category. According to him, if the 3 marks are given to him for question Nos.83, 143 and 144 he would come within the zone of consideration. Upon objection by the petitioner, the Expert Committee was constituted and the Expert Committee relying upon certain materials had rejected the objections of the petitioner and had concluded that the key answerers suggested by the Teachers Recruitment Board are correct.
3. Even though the petitioner relied upon some materials in support of his claim, the writ Court had found that it cannot be said that key answers are wrong on the face of it. The writ Court also refrained from interfering with the conclusion of the Expert Committee on the ground that this Court cannot interfere with the opinion of the Expert Committee unless it is shown that the key answers granted by the Expert Committee are wrong on the face of it. The delay in approaching the Court is also taken into account.
4. Though the learned counsel for the appellant would vehemently contend that there are vacant posts available and therefore the petitioner should have been considered, we do not think we can countenance such contention in the appeal. The correctness of the key answerers will have to be left to the Expert Committee and this Court cannot substitute its opinion to the opinion of Page No.: 3 of 6
the Expert Committee. Of course, there is a limited jurisdiction available for this Court to interfere, when it is shown that the key answers are wrong on the face of it. Such is not the case here. As rightly pointed out by the writ Court the key answers are also more probable answers.
5. Hence, we do not see any merits in this appeal. The appeal therefore fails and it is accordingly dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
(R.S.M.,J.) (G.A.M.,J.) 13.03.2025 dsa Index : No : No Speaking order Page No.: 4 of 6
To 1.The Secretary to Government, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.
2.The Joint Director of School Education (Personnel), Puratchi Thalaivar Dr. M.G.R.Centenary Building, 3rd and 4th Floor, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Nungambakkam, Chennai - 600 006.
3.The Secretary, Tamil Nadu Teachers Recruitment Board, Puratchi Thalaivar Dr. M.G.R.Centenary Building, 3rd and 4th Floor, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Nungambakkam, Chennai - 600 006.
Page No.: 5 of 6
R.SUBRAMANIAN, J.
and G.ARUL MURUGAN, J.
dsa 13.03.2025 Page No.: 6 of 6