K.Prema v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.10.2023
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN and W.M.P.No.20404 of 2017 K. Prema .. Petitioner
Versus
1. The State of Tamil Nadu Represented by its Secretary School Education Department Secretariat, Fort St. George Chennai - 600 009.
2. The Director of School Education DPI Campus College Road, Chennai - 600 006.
3. The Chairman Teacher Recruitment Board, Government of Tamil Nadu 4th Floor, EVK Sampath Maligai, DPI Compound College Road, Chennai - 600 006.
......Respondents 1/7
Prayer: This writ petition is filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the Respondents to award appropriate mark for the petitioner for the question No.148 " A' series of Paper II by accepting Option "B" as correct key answer based on Text Book Materials approved by the Government of Tamil Nadu and National Council of Educational Research And Training ( NCERT) and thereby declare the petitioner as pass in Teachers Eligibility Test conducted on 30.04.2017 and to pass orders.
For Petitioner :M/s.K. Elango For Respondents 1 and 2 :Mr.T.M. Rajangam Government Advocate For Respondent 3 : Mr.R. Siddarth
ORDER
This writ petition is filed to issue a writ of Mandamus directing the Respondents to award appropriate mark for the petitioner for the question No.148 " A' series of Paper II by accepting Option "B" as 2/7
correct key answer based on Text Book Materials approved by the Government of Tamil Nadu and National Council of Educational Research And Training ( NCERT) and thereby declare the petitioner as pass in Teachers Eligibility Test conducted on 30.04.2017.
2. The case of the petitioner is that the petitioner has participated in the Teachers Eligibility Test Examination conducted on 29.04.2017. Thereafter, the results was published wherein the petitioner has scored 81 marks, whereas the pass mark was fixed as 82. The grievance of the petitioner is that she was given "A" serious question paper and for Question No.148 the correct answer is "B" and she has also marked "B". But, in the answer key published by the Teachers Recruitment Board they have noted the correct answer as "D" which is not correct. If they modify the answer as "B" which is the correct one as per the Tamil Nadu Text Book, the petitioner will be awarded one mark and by that her score will be 82 and she will qualified. Hence this petition.
3. Today when the matter is taken up for hearing the learned Government Advocate furnished a copy of the expert committee report 3/7
wherein it has been stated that the correct answer is D for the Question No.148 for "A" series question paper and the relevant portion is extracted hereunder:
It is stated that with regard to Q.No.148 in "A" series the Final Key Answer based on the opinion of subject experts of TRB is as follows:- Question No.148 "A" series (i) The earth's rotation causes day and night.
(ii) The earth's revolution causes seasons:- A) both (i) and (ii) are wrong B) both (i) and (ii) are correct C) (i) is wrong and (ii) is correct D) (i) is correct and (ii) is wrong Q.No.148"A" series Scrutiny Team Views for accepting/Rejecting of candidate's representation The Board issued Tentative key answer on 22.05.2017, Option "B" is correct.
Representation received from the candidates;
subject experts examine the representation from the candidates;
The subject experts decided 'D' is correct answer Evidence 6th Social Science, Term 2 - Part 2
4. This Court while rendering Judgment in a similar facts of case in W.P.No.34481 of 2018 has dismissed the petition vide order dated 4/7
14.11.202. The relevant portion is extracted hereunder: "2. The petitioner participated in the Teachers Eligibility Test Examination and secured 81 marks. However, the pass mark is
82. In this context, the petitioner raised a doubt regarding the right answer for the question No.148(A-Type) paper II 2017.
3. Pursuant to the filing of the writ petition, the learned Additional Advocate General furnished the original copy of the expert committee report which reveals that the expert committee arrive at a conclusion that the right answer for the disputed question would be option "D". Whereas, the petitioner has marked option "B" in her answer sheet as her answer for the said question.
Therefore, the petitioner has answered wrongly in respect of the said question and is not entitled for the one mark as per her claim.
4. Since the matter was referred to the expert committee for consideration, the expert committee has submitted a report stating that option "D" would be right answer for the disputed question and this petitioner is not entitled for the relief as such sought for.
5. Accordingly, the writ petition stands dismissed. There shall be no order as to costs".
5/7
5. Considering the facts of the case and the Judgment rendered by this Court in a similar facts of the case, this Court is inclined to dismiss this petition. Accordingly, this writ petition is dismissed. No order as to costs. Consequently, the connected miscellaneous petition is closed. 31.10.2023 Speaking order : Yes/No Index : Yes/No smn To.
1. The State of Tamil Nadu School Education Department Secretariat, Fort St. George Chennai - 600 009.
2. The Director of School Education DPI Campus College Road, Chennai - 600 006.
3. The Chairman Teacher Recruitment Board, Government of Tamil Nadu 4th Floor, EVK Sampath Maligai, DPI Compound College Road, Chennai - 600 006. 6/7
V.BHAVANI SUBBAROYAN, J.
smn and W.M.P.No.20404 of 2017 31.10.2023 7/7