Shiek Mohamed (Enrl No. 0113933) v. Tamil Nadu Uniformed Services Recruitment Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2023

CORAM

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.19719 of 2021 and W.M.P.No.20987 of 2021 Sheik Mohamed ... Petitioner Vs.

Tamil Nadu Uniformed Services Recruitment Board Represented by its Chairman (DGP) Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai - 600 008.

... Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to revalue the question nos.21 and 87 in the 'C' series question paper of written examination of Recruitment of Sub-Inspector of Police (Taluk, AR and TSP) (Men & Women) 2019 and award 0.5 mark to the petitioner and to consider the petitioner's claim for appointment in departmental quota based on the representation dated 04.05.2021 recruitment.

For Petitioner : Mr.R.Rayeesa Fathima For Respondents: Mr.P.Kumaresan, AAG, Assisted by M/s.D.Sowmi Dattan.

O R D E R

This writ petition has been filed seeking a direction to the respondent to revalue question Nos.21 and 87 in the "C" series question paper of written 1/4

examination of Recruitment of Sub-Inspector of Police (Taluk, AR and TSP) (Men & Women) 2019 and award 0.5 mark to the petitioner and to consider the petitioner's claim for appointment in departmental quota based on his representation dated 04.05.2021 recruitment.

2. With regard to question Nos. 21 and 87, according to Mr.P.Kumaresan, learned Additional Advocate General Assisted by M/s.D.Sowmi Dattan, learned Standing Counsel, the Expert Committee has rendered its opinion stating that the answers set by the TNUSRB are correct.

3. When the Expert Committee has certified that the answers given by the TNUSRB qua Q.Nos.21 and 87 are correct, this Court cannot upset the said finding, in the light of the judgment of the Hon'ble Supreme Court in U.P.P.S.C., through its Chairman and other Vs Ragul Singh & other (Civil Appeal.No.5838 of 2018 decided on 14.06.2018), the relevant paragraph of which reads as under:- "14. In the present case, we find that all the 3 questions needed a long process of reasoning and the High Court itself has noticed that the stand of the Commission is also supported by certain text books. When there are conflicting views, then the Court must bow down to 2/4

the opinion of the experts. Judges are not and cannot be experts in all fields and, therefore, they must exercise great restraint and should not overstep their jurisdiction to upset the opinion of the experts."

4. In view of the above discussion, this writ petition fails and it is accordingly dismissed. No costs. Consequently, connected miscellaneous petition is closed.

04.09.2023 Index :Yes/No kmm To The Chairman (DGP), Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai - 600 008.

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J.SATHYA NARAYANA PRASAD , J.

kmm W.P.No.19719 of 2021 04.09.2023 4/4