M.Ilayaraja v. State By The Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR M.Ilayaraja .. Petitioner Vs.
1) State by the Secretary to Government of Tamil Nadu, Home Department, Secretariat, Fort St. George, Chennai
2) The Secretary, Tamil Nadu Uniform Services Recruitment Board, Old COP Office, Pantheon Road, Egmore, Chennai 600 002
3) The Director General of Police, Director General of Police Office, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004 .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to revaluate petitioner's answer paper vide Enrolment Number:2610793 of the written examination held on 12.01.2020 for the direct recruitment of Sub-Inspector of Police (Taluk, AR and TSP) for the year 2019 conducted by 2nd respondent herein and consequent thereon directing the respondents to consider petitioner's candidature of selection to next level (i.e.) physical fitness.
For Petitioner : Mr.A.Chandrakumar For Respondents : Mr.K.Chellapandian, Additional Advocate General Assisted by Mr.K.Mu.Muthu, Additional Government Pleader.
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O R D E R
The prayer sought for in this Writ Petition is for a Writ of Mandamus, seeking for a direction to the respondents herein to revaluate petitioner's answer paper vide Enrolment Number:2610793 of the written examination held on 12.01.2020 for the direct recruitment of Sub-Inspector of Police (Taluk, AR and TSP) for the year 2019, conducted by 2nd respondent herein and consequently for issuance of a direction to the respondents to consider the petitioner's candidature for selection to the next level (i.e.) physical fitness.
2. Heard Mr.A.Chandrakumar, learned counsel appearing for the petitioner and Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.K.Mu.Muthu, learned Additional Government Pleader appearing for the respondents.
3. The learned counsel appearing for the petitioner would submit that, the answer script of the petitioner has not been correctly evaluated and proper marks have not been awarded and that is what his apprehension, and he has also given a representation dated 20.03.2020 to the respondents and the learned counsel for the petitioner wants the petitioner's candidature to be considered by the respondents and orders to be passed thereon.
4. However, Mr.K.Chellapandian, learned Additional Advocate General appearing for the respondents would submit that, there is no procedure for revaluation of the answer script but, the only procedure available for those candidates, who have any apprehension over the marks they had obtained is that, they can make an application to the respondents to get the coding sheet and after getting the coding sheet from the respondents, they can verify the marks awarded to them and still, if there is any discrepancy they find, based on such evidence, they can make an application to correct the marks and in that case, if it is found that there is any change in marks, that would be rectified then and there. This is the only procedure available, beyond which, there is no scope for any revaluation, the learned Additional Advocate General submitted. 5.Taking into account of the said procedure being adopted by the respondents, this Court is inclined to dispose of this writ petition with the following observations:
"It is open to the petitioner to make a request or application to the respondents to get the coding sheet and on such request being made by the petitioner, the same shall be considered and the coding sheet shall be supplied to the petitioner, within a period of one week from the date of receipt of the application and on receipt of the coding sheet, it is for the petitioner to verify whether correct marks have been awarded to him or not and if he still finds any discrepancy in awarding of the marks, it is open to him to approach the respondents once again to correct the marks. The petitioner can send his request / application seeking for coding sheet along with a copy of this order and once the said application is made, what has 2/3
been indicated above shall be scrupulously followed by the respondents."
6. With these observations and directions, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) sts 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, Government of Tamil Nadu, Home Department, Secretariat, Fort St. George, Chennai
2) The Secretary, Tamil Nadu Uniform Services Recruitment Board, Old COP Office, Pantheon Road, Egmore, Chennai 600 002
3) The Director General of Police, Director General of Police Office, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004 Dated:
20.07.2020 KK(06.08.2020) 3P 4C 3/3