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Madras High CourtWA/1858/2018dismissed

A. Senthil v. The State Of Tamilnadu

2018-08-29Honourable Mr Justice Huluvadi G. Ramesh,Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.8.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.A.No.1858 of 2018 1 A. SENTHIL 2 S. RADHA 3 A.L PRABAVATHI 4 A. PALANI 5 S. MADHESHKUMAR 6 S.A. SATHEESWARAN 7 T. KUMAR 8 V. SHEELA 9 K. BASKAR 10 V. MURUGAN Appellants

Versus

1 THE STATE OF TAMILNADU REP BY ITS CHIEF SECRETARY SECRETARIAT FORT ST. GEORGE CHENNAI -600 009 2 THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF SCHOOL EDUCATION GOVERNENT OF TAMILNADU FORT ST. GEORGE CHENNAI 600 009 3 THE MEMBER SECRETARY TEACHER RECRUITMENT BOARD COLLEGE ROAD CHENNAI -600 006 4 S.A. FARVIN 5 S. SIVAKUMAR 6 D. SANKAR 7 M.TAMILSELVI 8 T.R.THIRUMALAIRJAN 9 P. UMARANI 10 K.THEIVAM 11 R.RAJESHWARI 12 N.MUTHAMILSELVI 13 VISALAKSHI 14 R.RAJAMMAL 15 M.PRAKASH 16 G.M.SENTHIL 17 S.SENTHILKUMAR

18 V.DINESH KUMAR 19 K.BHUVANESWARI 20 M.CHITRA PRIYATHARSINI 21 T.E.RAMESH 22 V.NIRMALA 23 M.RAJAMANI 24 K.BALASUBRAMANIAN 25 KANNAN 26 D.VELAYUDHAM 27 S.SUNDER RAJAN 28 M.BANUREKA 29 S.HAZEENA 30 M.SUBA 31 M.ELIABETH 32 K.V.KAMALA 33 A.IMMANUVEL 34 S.UMA 35 A.SUBINAYAGAN 36 U.SURESH 37 B.IYYANAR 38 P.PIRABU RAJA 39 A.JOHNSY RANI 40 STEPHEN S.

41 T.MURUGESH KUMAR 42 K.SUBHA 43 K.THILAGAVALLI 44 W.RAJESH KUMAR 45 G.SUESH PULILDURAI 46 K.PARASURAMAN 47 S.PANDIYARAJAN 48 L.RAMESH BABU Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 28.3.2018 passed in W.P.No.3365 of 2018 on the file of this court.

Prayer:WP.No.3365/2018:Writ petition filed under Article 226 of the Constitution of India seeking for issuance of writ of certiorarified mandamus to call for the records quashing the impugned order passed by the 3rd respondent herein in RC. No.13156/ Com- Inst./ LC/ 2017 dated 05.01.2018 rejecting the representation of the writ petitioners dated 20.12.2017 quash the same and directing the respondents to grant 20 marks to the deleted ill posed wrong 20 questions contained in the examination held by the 3rd respondent herein on 24.01.2010 in pursuance of G.O.ms. No.187 School Education Department dated 04.10.2006 to the petitioners to which they are legally entitled to and direct the 3rd respondent to award marks for the above said wrong questions and to declare the petitioners to have passed in written examination while the Government has also created 765 posts in computer teaching that are lying vacant.

For appellants : Mr.S.Rajkumar For RR1 to 3 : Mr.C.Munusamy, Special Government Pleader

JUDGMENT

(Judgment of the court was made by K.KALYANASUNDARAM, J.) This writ appeal is filed by the writ petitioners challenging the order passed by the learned Single Judge in W.P.No.3365 of 2018 dated 28.3.2018.

2. The writ petition was filed seeking issuance of a writ of certiorarified mandamus to quash the order of the third respondent dated 5.1.2018 rejecting the representation of the writ petitioners for grant of 20 marks to the deleted questions.

3. Heard the learned counsel appearing for the appellants and Mr.C.Munusamy, learned Special Government Pleader, who takes notice on behalf of the official respondents.

4. In the case on hand, a Division Bench of this court in W.A.No.837 2010 directed the authorities to delete 20 questions. Challenging the same the petitioners filed Special Leave Petition and that was subsequently dismissed as withdrawn. The present writ petition is filed to award marks for the deleted questions. The learned Single Judge has rightly dismissed the writ petition. We do not find any reason to interfere with the order passed by the learned single Judge. The writ appeal fails and the same is dismissed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ssk.

To:

1 THE STATE OF TAMILNADU REP BY ITS CHIEF SECRETARY SECRETARIAT FORT ST. GEORGE CHENNAI -600 009

2 THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF SCHOOL EDUCATION GOVERNENT OF TAMILNADU FORT ST. GEORGE CHENNAI 600 009 3 THE MEMBER SECRETARY TEACHER RECRUITMENT BOARD COLLEGE ROAD CHENNAI -600 006 +1cc to Government Pleader SR.NO.59803 VSNII(CO) sm:17.10.2018 W.A.No.1858 of 2018