R.Balachandar v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA and W.M.P.(MD)No.11722 of 2024 M.R.Balachandar ... Petitioner Vs.
The Secretary, Tamil Nadu Public Service Commission, T.N.P.S.C., Road, Broadway, Park Town, Chennai-600 003.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to produce the petitioner's original OMR sheet along with rank, mark final answer key, and publish onscreen certificates verification candidates details and all candidates details (i.e.,)marks, rank, community etc., and appoint the petitioner based on the marks secured if the petitioner comes under zone of consideration in the written examination for the posts of combined Engineering Services Examination services for the year 2023 through a notification 23/2023 dated 13.10.2023 by considering the petitioner's representation dated 04.06.2024 within the time stipulated by this Court.
For Petitioner : Mr.G.Sakthi Rao For Respondent : Mr.V.Panneer Selvam 1/5
ORDER
This writ petition has been filed to direct the respondent to produce the petitioner's original OMR sheet along with rank, mark, final answer key, and publish onscreen certificates verification candidates details and all candidates details (i.e.,)marks, rank, community etc., and appoint the petitioner based on the marks secured if the petitioner comes under zone of consideration in the written examination for the posts of combined Engineering Services Examination services for the year 2023 through a notification 23/2023 dated 13.10.2023 by considering the petitioner's representation dated 04.06.2024 within the time stipulated by this Court.
2. Heard Mr.G.Sakthi Rao, learned counsel appearing for the petitioner, Mr.V.Panneer Selvam, learned Counsel for the respondent. 3.The petitioner has applied for the posts of combined Engineering Services Examination services for the year 2023 through a notification 23/2023 dated 13.10.2023. However, he had not succeeded in the examination. Therefore, the petitioner had sent a representation seeking his original OMR sheet along with rank and final answer key. However, the same was not considered so far. Hence, the petitioner has filed this writ petition. 2/5
4.The grievance of the petitioner is that there is no transparency in the selection process conducted by the respondent and the conditions of the Notification would state neither the answer key will be released nor the candidates are entitled to get a copy of answer sheets, until the selection list is released.
5.If any of the candidates come to know that he has not been given with due marks despite he has given right answers, no post will be available for him even if he gets his marks rectified later, once the selection process is completed and all posts will be availed by the persons, whose names were shown in the selection list.
6.In view of the above circumstances, this writ petition is disposed of on the following terms:
(i) This Court would appreciate if the respondents themselves come forward to give an Addendum 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. If it is done so, no candidate will rush to Court without knowing their respective marks. There need not be any 3/5
apprehension that release of answer key itself would create lot of litigations, unless the answer key has confusions.
(ii)Other recruitment agencies are transparent enough to release the answer key once the examination is over. Hence, no prejudice would be caused to the respondent, if the said procedure is adopoted by them. No costs. Consequently, connected miscellaneous petition is closed 08.07.2024 (1/2) NCC:yes/no Index:yes/no Internet:yes/no ta To The Secretary, Tamil Nadu Public Service Commission, T.N.P.S.C., Road, Broadway, Park Town, Chennai-600 003.
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R.N.MANJULA, J.
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