Muthulakshmi M v. The Secretary Tnpsc

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA and WMP(MD) Nos. 7377, 7379, 7386 & 7394 of 2024

1. M.Muthulakshmi

2. M.Mani Mehal

3. S.Muthuselvam

4. M.Gunaseelan ... Petitioners Vs

1. The Secretary TNPSC, Tamil Nadu Public Service Commission, T.N.P.S.C Road, Broadway, Park Town, Chennai - 600 003.

2. The Secretary, Tamil Nadu Public Service Commission, T.N.P.S.C Road, Broadway, Park Town, Chennai - 600 003.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the entire records of the Respondent pertaining the Notification 1/2024 dated 30.01.2024 calling for applications for Posts included in combined Civil Services Examination IV (Group IV Services) 2024 in Annexure - IV sub 1/6

clause Para 3.7, and sub clause para 3.8 quash the same as illegal, consequentially direct the respondent to remove Instructions to Applicants in Para 3.7, and sub clause Para 3.8 quash the same as illegal, consequentially direct the respondent to remove Instructions to Applicants in Para 17(D) Sub Clause (VIII) and Para 17(D) Sub Clause (X) and publish fresh instructions to applicants and consequentially direct the respondent to publish the final answer key and publish the OMR sheet copy to the candidates before publish the final results for Posts included in combined Civil Services Examination IV (Group IV Services) 2024 for the Notification 1/2024, dated 30.01.2024 within the time stipulated by this Court.

For Petitioners : Mr. G.Sakthi Rao For Respondents : Mr.V.Panneer Selvam Standing Counsel

ORDER

Heard Mr.G.Sakthi Rao, learned counsel for the petitioner and Mr.V.Panneer Selvam, learned Standing Counsel, for the respondents. 2.This Writ Petition has been filed challenging the Notification No. 1/2024, dated 30.01.2024 calling for applications for Posts included in combined Civil Services Examination IV (Group IV Services) 2024 in Annexure - IV Sub Clause Para 3.7, and Sub Clause para 3.8 and consequentially to direct the respondent to remove Instructions to Applicants in 2/6

Para 3.7, Sub Clause Para 3.8, Para 17(D) Sub Clause (VIII) and Para 17(D) Sub Clause (X) and publish fresh instructions to applicants and consequentially to direct the respondents to publish the final answer key and publish the OMR sheet copy to the candidates before publish the final results for Posts included in combined Civil Services Examination IV (Group IV Services) 2024 for the Notification 1/2024, dated 30.01.2024 within the time stipulated by this Court.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4. The grievance of the petitioners is that there is no transparency in the selection process conducted by the respondents and the condition of the Notification would state neither the answer key will not be released nor the candidates are entitled to get a copy of answer sheet until the selection list is released.

5.The above conditions would have been issued for the reason that if the answer key is published, many candidates may come and challenge the answer key itself before the Court and at some point of time, the selection 3/6

process itself might be stayed. In order to balance the above situation, the respondents had chosen a method of not releasing answer key and not furnishing a copy of answer sheet till the selection process is over.

6. Once selection process is over, thereafter, if any of the candidates come to know that he has not been given with due mark, despite he has given right answer, then, there will be no post available for him. All those posts will be availed by those persons, whose names are shown in the selection list.

7. In view of the above situation, I would appreciate if the respondents themselves come forward and give an Addendum or by stating that the aggrieved can get information about the answer key and copy of the answer sheet, even before the selection process is completed or the respondents themselves would come forward to publish the final answer key. There cannot be any impediment in releasing the answer key, once the examination is over. No candidate will rush to Court without knowing their respective mark and hence, there need not be any apprehension that release of answer key itself will 4/6

create lot of litigation, unless the answer key causes confusion by giving several correct answers for one question or so. 8.Other recruitment agencies are transparent enough to release the answer key once the examination is over. So there cannot any prejudice caused to the respondents if they also adopt the same procedure in this age of right to information.

9.With the above observations, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 27.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM To

1. The Secretary TNPSC, Tamilnadu Public Service Commission, T.N.P.S.C Road, Broadway, Park Town, Chennai - 600 003.

2. The Secretary, Tamilnadu Public Service Commission, T.N.P.S.C Road, Broadway, Park Town, Chennai - 600 003.

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R.N.MANJULA, J.

PNM ORDER IN and WMP(MD) Nos. 7377, 7379, 7386 & 7394 of 2024 27.06.2024 6/6