← Library
Madras High CourtWP/15323/2021dismissed

V.Dhanasekaran v. The Government Of Tamilnadu

2024-03-19Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2024

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.15323 of 2021 V.Dhanasekaran ...

Petitioner /vs/

1. The Government of Tamilnadu, Represented by its Secretary to the Government, School Education Department, Secretariat, Chennai - 600 009.

2. The Chairman, Teachers Recruitment Board, DPI Compound, College Road, Chennai - 600 006.

3. The Director, Directorate of School Education, DPI Compound, College Road, Chennai - 600 006.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus to direct the second respondent to award one

mark for the Question No.149 in "D" Series in the Teacher Eligibility Test Examination 2017 to the petitioner and to issue Pass Certificate to the petitioner in Teacher Eligibility Test held in 2017. For Petitioner ... Mr.P.Saravanan For Respondents ... Mr.P.Gurunathan Additional Govt. Pleader for R1 & R3 Mr.R.Siddharth Govt. Advocate for R2

ORDER

Heard Mr.P.Saravanan, the learned counsel for the petitioner, Mr.P.Gurunathan, the learned Additional Government Pleader for the R1 & R3 and Mr.R.Siddharth, the learned Government Advocate for R2.

2. The petitioner has filed this writ petition seeking a writ of mandamus directing the second respondent to award one mark for the Question No.149 in "D" Series in the Teacher Eligibility Test Examination 2017 to the petitioner and to issue Pass Certificate to the petitioner in Teacher Eligibility Test held in 2017.

3. The petitioner had participated in Teacher Recruitment Board Examination responding to the second respondent's advertisement vide Advertisement No.1/2017 dated 24.02.2017. The petitioner claims that in Question No.149 in 'D' series of Paper II the petitioner had given the right answer by choosing the option 'B' and hence one mark should be granted to him.

4. Mr.P.Saravanan, the learned counsel for the petitioner, claims that as per the tentative answer key released on 22.05.2017, the correct answer for Q.No.149 in 'D' series of Paper II, is 'B'; however in the final answer key released on 30.06.2017, the right answer is shown as 'D'; since the final key for the above question was settled as option 'D', the petitioner was not given with any marks for the said question.

5. The petitioner attracted the attention of the Court to the order of the learned single Judge passed in W.P.No.18890 of 2017 dated 31.10.2023. On perusal of the order it is seen that the very same question is placed as Question No.148 in 'A' series question paper. However, the

candidate who has filed the said writ petition has given the right answer as option 'D' and hence the Court has ordered to award one mark to the right answer given by the petitioner. But in the instant case the petitioner did not give the right answer even though the tentative key says that the right answer is 'B' and final key confirms that the right answer for the impugned question is option 'D'.

6. Had the petitioner given option 'D', it is a straight away case and the respondents could have been directed to award one mark. But the petitioner had given a wrong answer by marking option 'B' and hence no such relief as sought by the petitioner can be granted.

7. In the result, this writ petition is dismissed. No costs. 19.03.2024 Index: Yes / No Speaking order / Non-speaking order bkn

To:

1.The Secretary to the Government, Government of Tamilnadu, School Education Department, Secretariat, Chennai - 600 009.

2. The Chairman, Teachers Recruitment Board, DPI Compound, College Road, Chennai - 600 006.

3. The Director, Directorate of School Education, DPI Compound, College Road, Chennai - 600 006.

R.N.MANJULA ,J.

bkn 19.03.2024