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Madras High CourtWP(MD)/10789/2020dismissed

S.Veerakumar v. The Secretary To The Government Of Tamilnadu

2020-09-03Honourable Mr Justice R. Suresh Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and W.M.P.(MD) Nos.9493 & 9494 of 2020 S.Veerakumar ... Petitioner Vs.

1) The Secretary to the Government of Tamil Nadu, Home (Police) Department, Fort St.George, Chennai.

2) The Chairman,

3) The Member Secretary, ... Respondents Prayer: Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Final Answer Key as against Question No.52 in respect of "C" Type question pertaining to the written examination held on 25.08.2019 of the Recruitment of the Grade-II, Police Constables (GR.II Jail Warders and Firemen-2019) of the second respondent and quash the same as illegal and consequently direction directing the Respondent No.2 to add that one mark into the petitioner's marks already obtained and subject the petitioner for Medical Examination and proceed further in accordance with law.

For Petitioner : Mr.P.Banuprasath For Respondents : Mr.K.Chellapandian, Additional Advocate General Assisted by Mr.K.Mu.Muthu, Additional Government Pleader

O R D E R

The prayer sought for in this writ petition is for a Writ of Certiorarified Mandamus, seeking to call for the records pertaining to the impugned Final Answer Key as against Question 1/4

No.52 in respect of "C" Type question pertaining to the written examination held on 25.08.2019 for the recruitment of the Grade II Police Constables (Gr.II Jail Warders and Firemen-2019) vide Advertisement No.1/2019 on the file of the 2nd respondent and quash the same and consequently direct the respondent No.2 to add one mark into the petitioner's marks already obtained and subject the petitioners for medical Examination and proceed further in accordance with law.

2. After hearing Mr.P.Banuprasath, learned counsel appearing for the petitioner, for some time, this Court feels that, this writ petition is not adversary writ petition, in stricto sensu which is in infact the nature of Public Interest Litigation (P.I.L.).

3. The reason being that, the petitioner claims to have participated in the police selection for the appointment of GradeII Police Constables (Gr.II Jail Warders and Firemen-2019) for which, a written examination was conducted on 25.08.2019, where the petitioner participated in the same and wrote the written examination.

4. The claim of the petitioner is that, he was given the question booklets bearing "C" series, where question No.52 in the question booklets, was attempted by the petitioner and they have answered that, all the letters stated therein are 'Vowels', but the correct answer is 'e' i.e. the letter 'e' alone was a 'vowel', which is properly given as option 'D', which has also been confirmed in the final key answer published by the respondent Recruitment Board.

5. Now, the grievance of the petitioner is that, during the last recruitment, the very same question was asked as question No.79, where the key answer published by the respondent Recruitment Board says, 'all the four letters are vowels' and when the very same question has been asked now, for which, the respondent Recruitment Board say that letter 'e' alone is the correct answer and it has also been published by the respondent Recruitment Board in the final key answer.

6. However, the fact remains that, the correct answer is only 'e' i.e. letter 'e' that has been now correctly given in the final key answer as option "D".

7. In this context, the learned counsel appearing for the petitioner project that, had the respondent Recruitment Board issued the correct answer in the last recruitment for question no.19, a large number of people, like the petitioner, would not have written a wrong answer for question Nos.52 in Question 2/4

booklet series "C' in this recruitment, therefore, accordingly, a large number of people are affected, including the petitioner. Only on that ground, now, the present writ petition has been filed, he contended.

8. After hearing the submissions made by the learned counsel appearing on either sides, this Court is of the considered view that, the grievance projected by the petitioner is not adversary in nature for themselves alone, but it is like a public interest. Therefore, this Court does not want to entertain this writ petition, as it is not adversary writ petition. Therefore, liberty is given to the petitioner to move a Public Interest Litigation on the said subject and grievance, if he is advised to do so.

9. Accordingly, this Writ Petition is dismissed with the above said liberty. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) am Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1) The Secretary to the Government of Tamil Nadu, Home (Police) Department, Fort St.George, Chennai.

2) The Chairman, 3/4

3) The Member Secretary, +1 CC to SGP ( SR-15946,16071[F] dated 04/09/2020 ) +1 CC to Mr.P. BANUPRASATH, Advocate ( SR-15899[F] dated 04/09/2020 ) Order made in Dated:

03.09.2020 KG(CO) KM (06.10.2020) 4P 6C 4/4