D.Amudha v. Teachers Recruitment Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE D.Amudha ...
Petitioner vs.
1. Teachers Recruitment Board, Rep. by its Member Secretary, 3rd and 4th Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai - 600 006.
2. The Commissioner of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 009.
3. The Expert Committee, C/o.Teachers Recruitment Board, 3rd and 4th Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai - 600 006.
...
Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to refer the objections raised by the petitioner by letter dated 28.09.2022 to the 1/7
key answers for the question Nos.12, 27, 39, 62, 69, 89, 100, 102 and 108 in the subject History published by the 1st respondent pursuant to Notification No.1/2021 dated 09.09.2021 to the Expert Committee constituted to consider the objections of candidates for key answers by giving an opportunity to the petitioner to appear before the Expert Committee and raise her objections along with documentary proof and consequently direct the 1st respondent to re-evaluate the marks obtained by the petitioner in the examination conducted by the 1st respondent pursuant to Notification No.01/2021, dated 09.09.2021 based on the report of the expert committee and direct the 2nd respondent to issue appointment order to the petitioner as PG Assistants in the subject History based on the re-evaluated the marks secured by the petitioner in the written examination conducted by the 1st respondent pursuant to Notification No.01/2021 dated 09.09.2021.
For petitioner : Mrs.Nalini Chidambaram Senior Counsel for M/s.C.Uma For respondents : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.C.Kathiravan Special Government Pleader for R-1 to R-3 Mr.S.Yashwanth Additional Government Pleader for R-2
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to refer the objections raised by the petitioner to the deletion of Question Nos.12, 27, 39, 62, 69, 89, 100, 2/7
102 and 108 and the objections to the key answers in the subject History published by the first respondent pursuant to the Notification No.1/2021 dated 09.09.2021 to the Expert Committee constituted to consider the objections of candidates for key answers by giving an opportunity to the petitioner to appear before the Expert Committee and raise their objections and consequently direct the first respondent to re-evaluate the marks obtained by the petitioner in the examination conducted by the first respondent pursuant to the Notification No.01/2021 dated 09.09.2021 based on the report of the expert committee and direct the 2nd respondent to issue appointment order to the petitioner as PG Assistants in their subject History based on the re-evaluated marks secured by the petitioner in the written examination conducted by the 1st respondent pursuant to the Notification No.01/2021 dated 09.09.2021.
2. The learned Additional Advocate General appearing for the respondents has placed before this Court the written instructions received from Teachers Recruitment Board dated 23.09.2022 and submits that only on-line objections submitted by 4276 candidates were taken into scrutiny from 10.05.2022 to 15.06.2022 by 115 Subject 3/7
Experts deputed from various Government Art Colleges. He would submit that only after taking into consideration the petitioners' objections the provisional list of selected candidates was published on 10.09.2022.
3. Learned Senior Counsel appearing for the petitioner would submit that no opportunity of hearing was granted to the petitioner with regard to the objections raised by her.
4. This Court is of the considered view that no prejudice would be caused to the respondents, if the petitioner is allowed to give a representation to the respondents addressing her grievance within a time frame to be fixed by this Court and the respondents are directed to pass final orders on the petitioner's representation after affording a fair hearing to the petitioner.
5. For the foregoing reasons, this Court directs the petitioner to submit a representation to the first respondent for deletion of question Nos.12, 27, 39, 62, 69, 89, 100, 102 and 108 and the objections to the key answers in the subject History published by the first respondent 4/7
pursuant to Notification No.1/2021 dated 09.09.2021 to the Expert Committee constituted to consider the objections of candidates for key answers within a period of two weeks from the date of receipt of a copy of this order and on receipt of the said representation, the first respondent shall pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner within a period of two weeks thereafter.
6. With the aforesaid directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 19.10.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To :
1. The Member Secretary, Teachers Recruitment Board, 3rd and 4th Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai - 600 006.
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2. The Commissioner of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 009.
3. The Expert Committee, C/o.Teachers Recruitment Board, 3rd and 4th Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai - 600 006.
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ABDUL QUDDHOSE, J.
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