M.Krishnaveni v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.32619 of 2022 and WMP.No.32029 of 2022 M.Krishnaveni ... Petitioner Vs.

1.The Principal Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai-09 2.The Commissioner of School Education, DPI Campus, College Road, Chennai 3.The Government of Tamilnadu, Rep. By its Secretary, Teacher Recruitment Board, III Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the third respondent to award 1 mark to petitioner (Roll No.21PG1204014022) in respect of question No.129 (Master Copy question No.99) for the examination undergone by petitioner on 13.02.2022 for the post of PG Assistant in Commerce pursuant to the notification issued by the third respondent vide advertisement No.1/2021 dated 09.09.2021 and consequently to 1/6

appoint the petitioner as PG Assistant in Commerce within a time frame fixed by this Court.

For Petitioner : Mr.M.Dinesh For Respondents For R1 & 2 : Mrs.S.Mythreye Chandru, Special Government Pleader For R3 : Mr.R.Neelakandan, Additional Advocate General Assisted by Mr.Alagu Gowtham, Standing Counsel

ORDER

This writ petition has been filed for direction to the third respondent to award one mark to the petitioner in the examination dated 13.02.2022 for the post of PG Assistant in Commerce. 2.

The petitioner is qualified with post graduation and B.Ed. Degree and eligible to apply for the post of Post Graduate Teacher. The third respondent issued notification No.1 of 2021 dated 09.09.2021 inviting applications to fill up the posts of PG Assistant including PG Assistant in Commerce. The petitioner applied for the post of PG 2/6

Assistant in Commerce and had attended written examination. The petitioner is coming under the MBC-PSTM category. She scored 92 marks. The cut off mark is 94 for Women-MBC category under School Education Department and 93 is the cut off mark for Welfare Department and Corporation School. After receipt of objections for the tentative key answers, while publishing the final key answer, question Nos.47, 85 & 99 were deleted for evaluation on receipt of objections from various candidates. The question No.99 is as follows: 99.Gift - Edged Market also knows as:

A.Private securities market B.Public securities market C.Government securities market D.Semi-Government securities market 2.1 As per the tentative key answer, 'C' is the correct answer. The petitioner had chosen 'C'. However, on receipt of objections, the question itself was deleted for evaluation.

3.

The learned counsel appearing for the petitioner would submit that if the petitioner is awarded one mark for the said question, she would have been selected under the Welfare Department and 3/6

Corporation School to the post of PG Assistant. 4.

It is seen that in the above examination, question Nos.47, 85 and 99 were deleted for all students. There were objections in the tentative key answers and as such, the third respondent deleted those three questions for evaluation. Though the petitioner wrote answer 'C' and it is correct as per the tentative answer key, in the final key, the question itself was deleted due to objections from various candidates. Therefore, the direction sought for in this writ petition cannot be considered. As such, this writ petition is devoid of merits and liable to be dismissed. 5.

Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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To 1.The Principal Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai-09 2.The Commissioner of School Education, DPI Campus, College Road, Chennai 3.Secretary, The Government of Tamilnadu, Teacher Recruitment Board, III Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai 5/6

G.K.ILANTHIRAIYAN, J.

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