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Madras High CourtWP(MD)/4233/2019dismissed

M.Paranibharathy, v. The Chairman And Managing

2025-08-11Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice G.Arul Murugan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.(MD).Nos.3354, 3355, 3898 and 4035 of 2019 M.Paranibharathy ... Petitioner Vs.

1.The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation, No.144, Anna Salai, Chennai - 2.

2.The Chief Engineer / Personnel, Tamil Nadu Generation and Distribution Corporation, No.144, Anna Salai, Chennai - 2.

3.The Registrar, Anna University, Guindy, Chennai - 25.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Declaration, declaring that the Written Examination conducted by the 3rd respondent nodal agency, for the recruitment to the post of Assistant Engineer / Electrical and Assistant Engineer / Civil, on 30.12.2018, pursuant to

notification No.1/2018, dated 14.02.2018, published by the 2nd respondent as null and void in view of leakage of question paper and consequently direct the respondents to conduct fresh written examination for the recruitment to the post of Assistant Engineer / Electrical and Assistant Engineer / Civil. For Petitioner : Mr.T.Pon Ramkumar For R-1 & R-2 : Mr.S,Deeenadhayalan Standing Counsel For R-3 : Mr.J.John Rajadurai Standing Counsel

ORDER

(Order of the Court was made by G.ARUL MURUGAN, J.) The Writ Petition is filed seeking to declare the written examination conducted by the third respondent nodal agency for recruitment to the post of Assistant Engineer / Electrical and Assistant Engineer / Civil, on 30.12.2018, pursuant to the notification in No.1/2018 dated 14.02.2018, as null and void.

2. It is the specific contention of the learned counsel appearing for the petitioner that in the written examination conducted to the post of Assistant Engineer/Electrical and Assistant Engineer/Civil, pursuant to the notification issued, there had been a leakage in the question papers, which led to certain

malpractices and therefore, the writ petitioner had come up with this Writ Petition seeking to declare the examination as null and void, contending that in view of the leakage, the examination conducted has not been to its true merits.

3. It has to be noted that pursuant to the allegations raised, a Committee was appointed where the Committee had gone into the issues and submitted a detailed report to the effect that the issues raised by the writ petitioner are not substantiated by materials. The respondent University constituted the Committee consisting of five eminent persons. The constitution of the Committee and their findings are given in paragraph 11 of the counter affidavit, which is extracted hereunder:

"11. I humbly submit that to study the matter in detail, the Vice-Chancellor, Anna University has constituted a committee consisting the following members.

1.

Dr.Sarathi, Professor of Electrical Engineering Indian Institute of Technology, Madras - Chairman 2.

Dr.S.Javaprakash, Former Senior Scientific Officer, Indian Institute of Technology, Madras - Member 3.

Chief Engineer Personnel, TANGEDCO - Member

4.

Dr.S. Rajendra Boopathy, Professor & Head Department of Mechanical Engineering Anna University, Chennai - Member 5.

Dr. V.Rhymend Uthariaraj Director, RCC & Secretary, TNEA Anna University, Chennai - Convener The above committee after the detailed study and enquiry found out

1. There were 84 questions in the WhatsApp and each one of the question in the WhatsApp were analysed and reported.

2. Not many questions in the WhatsApp were seen verbatim as seen in the question paper.

3. The questions in the WhatsApp are not in sequence as in the question paper and mostly incomplete.

4. The question in the WhatsApp appears that they are written mostly based on memory.

5. There is no significant similarity between the questions in the WhatsApp and the questions in the question paper. The committee arrived at a conclusion that based on specific question observation, it is observed that, not many questions were seen verbatim in question paper. The questions provided in WhatsApp are not in sequence and mostly incomplete. To the committee's view, the questions are written mostly based on memory."

4. In view of the issues having been gone into by the Committee, which found that there had been no issues as projected by the petitioner and the examination has been conducted in a fair manner and further, after the selection process has been completed, the entire selected candidates had been appointed and serving at least for the past six years, the issues raised in this Writ Petition cannot be considered at this length of time and also, in view of the above factual aspects.

5. In view of the above, the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(S.M.S.,J.) (G.A.M.,J.) 11.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation, No.144, Anna Salai, Chennai - 2.

2.The Chief Engineer / Personnel, Tamil Nadu Generation and Distribution Corporation, No.144, Anna Salai, Chennai - 2.

S.M.SUBRAMANIAM,J.

and G.ARUL MURUGAN,J.

Lm 11.08.2025