J.Simiyon v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR J.Simiyon ... Petitioner Vs.

The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Compound, College Road, Chennai.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to comply the order passed in W.P. No.31472 of 2019 vide order dated 18.11.2019 by constituting the Expert committee and revalue the petitioners answer sheet for the subject of commerce for the examination held on 28.09.2019 for the post of (Post Graduate Assistant/ Physical Education Director Grade- 1 ) vide notification No.10 of 2019 dated 12.06.2019 within stipulated period and to consider the petitioners candidature for the said post. For Petitioner : No appearance For Respondent : Mr.C.Kathiravan, Special Government Pleader

O R D E R

There is no representation for the petitioner either in the pre-lunch or post-lunch session.

2. This Writ Petition has been filed seeking a Writ of Mandamus directing the respondent to comply with the order passed in W.P.No.31472 of 2019 dated 18.11.2019.

3. In response to the notice issued, the respondent has filed a counteraffidavit stating as under:- " 15. With regard to the averments made in Para 8, it is submitted that as per the orders of the Hon'ble Court the board constituted an expert committee and the representation/objection for the key answers were received from the candidates till 29.11.2019. The Board appointed Expert Committee afresh to look in to the representations submitted by the candidates. The committee scrutinized the objections raised by the candidates and the materials placed by them in support of their claim and have rejected the objections raised by the candidates.

16. It is further submitted that the Petitioner in his Previous Writ Petition has raised objections for 4 Questions question Nos: 7, 55, 17, 79. Among them for the question No 55, marks have been awarded to all the candidates including the petitioner and for the question No: 79, the petitioner has claimed option C and and marks have been awarded to all the candidates who chose option B/C/D. For the remaining

questions, the Expert Committee has rejected the objections raised by the candidates."

4. In the light of the above, there is no rejoinder or reply filed contradicting the above averments made in the counter-affidavit filed by the respondent. In the circumstances, in the considered view of this Court, the cause in the Writ Petition does not survive and accordingly, the same is dismissed. No costs. Connected Miscellaneous Petitions, if any shall stand closed.

05.06.2024 skr Index : Yes / No Speaking order / Non-speaking order To The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Compound, College Road, Chennai.

MUMMINENI SUDHEER KUMAR, J.

skr 05.06.2024