I.Sharmila Banu v. Teacher Recruitment Board
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA and W.M.P.(MD)No.11966 of 2024 I.Sharmila Banu ... Petitioner Vs.
1.Teacher Recruitment Board, Represented by its Chairman, 3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai-600 006.
2.Teachers Recruitment Board, Represented by its Member Secretary, 3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai-600 006.
3.The Director of School Education, DPI Campus, Chennai-6.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 18.05.2024 on the file of the respondent No.2 and quash the same as illegal in so far as Serial No.10/Petitioners Roll Number is concerned and consequently for a direction directing the respondent No.1 and 2 1/6
to evaluate the petitioners answer paper / OMR relating to the direct recruitment of Graduate Teachers / Block Resource Teacher Educators (BRTE) (Geography subject) and invite the petitioner for certificate verification on the basis of the mark secured by the petitioner within the time period stipulated time. For Petitioner : Mr.T.Aswin Raja Simman For R3 : Mr.T.Amjadkhan Government Advocate For R1 & R2 : Mr.VR.Shanmuganathan
ORDER
This writ petition has been filed challenging the order dated 18.05.2024 passed by the respondent No.2 as illegal insofar as Serial No.10/Petitioner's Roll Number is concerned and consequently for a direction to the respondents No.1 and 2 to evaluate the petitioner's answer paper / OMR relating to the direct recruitment of Graduate Teachers / Block Resource Teacher Educators (BRTE) (Geography subject) and invite the petitioner for certificate verification on the basis of the mark secured by the petitioner within the time period stipulated time.
2.The petitioner had applied to the post of Block Resource Teacher Educators (BRTE) in pursuant to the notification of the first respondent dated 25.10.2023. In the written examination, she had written his roll number 2/6
wrongly in her answer sheet (OMR sheet). Hence, her answer sheet was not evaluated.
3.When this writ petition came up for hearing for admission on 25.06.2024, this Court has directed the respondents to produce the original answer sheet of the petitioner before this Court in a sealed cover. 4.In compliance of the direction issued by this Court, the original OMR sheet has been produced by the respondents. Perusal of the same shows that the petitioner had written his roll number as '907020363', but his actual roll number is '907020362'.
5.The petitioner had affixed his signature in the OMR answer sheet and the Invigilator has also affixed her signature. In normal course, the Invigilator used to check whether the candidates had rightly written the question booklet serial numbers and roll numbers in their answer sheets. Unfortunately, in the petitioner's case, the roll number wrongly assigned by the petitioner, has been omitted to be noticed by the Invigilator also. 6.The petitioner due to slip of the pen, has given the last digit of his roll number as '3' instead of '2'. It has been held in various judgment that in these 3/6
kinds of examination, the trivial mistakes committed by the candidates can be condoned by taking into consideration of the larger interest of the candidates. 7.In this regard, the Hon'ble Supreme Court in the case of Lalit Kumar vs.Union of India [2021 SCC Online SC 396] has held that trivial mistakes made by a candidate, such as minor errors in filling out forms or providing documentation, should not automatically result in disqualification and in the interest of justice such trivial mistakes should be condoned in order to ensure that deserving candidates are not unfairly deprived of opportunities. 8.
In view of the extraneous circumstances involved in this matter and in order to ensure the petitioner's fair opportunity of appointment by ensuring fair participation in the selection process, this writ petition is disposed of by directing the respondents to correct the roll number of the petitioner in the OMR sheet in the presence of the invigilator; get a counter sign of the invigilator in that regard; then take the OMR sheet for valuation and publish the results of the petitioner. The above exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 9.
counsel for the respondents under an acknowledgment. No costs. Consequently, connected miscellaneous petition is closed. 23.07.2024 NCC:yes/no Index:yes/no Internet:yes/no ta To 1.Teacher Recruitment Board, Represented by its Chairman, 3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai-600 006.
2.Teachers Recruitment Board, Represented by its Member Secretary, 3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai-600 006.
3.The Director of School Education, DPI Campus, Chennai-6.
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R.N.MANJULA, J.
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