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2014 DIGILAW 1697 (MAD)

P. Eswari v. Secretary to Government, Chennai

2014-06-25

S.NAGAMUTHU

body2014
JUDGMENT 1. The Teachers Recruitment Board, Government of Tamil Nadu, conducted Special Tamil Nadu Teachers Eligibility Test'-2014 for persons with disability (PWD) candidates, as per the Notification No.1 of 2014, on 21.5.2014. The petitioner participated in the said examination. Her Roll Number is 13TE00264811. The question papers were in four series. The questions were of objective type. The petitioner was supplied with 'D' series question paper. She has secured 81 marks. According to the petitioner, for question No.33, though she had answered rightly, she has not been awarded 1 mark. 2. It needs to be mentioned that tentative key answers were published by the Teachers' Recruitment Board calling for objections. So far as question No.33 in 'D' series in Paper-II, is concerned, the petitioner had submitted her objection. After that, now the respondents have published the final key answers, in which, they have stated that option (B) is the right answer and not option (D), as has been claimed by the petitioner. The results have already been published, based on the said final key answers. The petitioner challenges the non-awarding of one mark for question No.33 in 'D' series. Therefore, the petitioner is before this Court with this writ petition. 3. I have heard the learned counsel for the petitioner and Mr.R.Rajeswaran, the learned Special Government Pleader appearing for the respondents and I have also perused the records carefully. 4. As per the undertaking given before this Court, today, the respondents have ensured the presence of three experts, who are Post Graduate Tamil Teachers, working in various schools, by names, 1.K.Chinnadurai, 2.R.Dayanidhi and 3.N.Gopi. I have heard their opinion also. 5. The power of this Court to interfere with the decision of experts in respect of key answers has been elaborately dealt with in a number of judgments, about which, I need not elaborate. I deem it suffice to refer to the judgment of the Honourable Supreme Court in Kanpur University vs. Samir Gupta and Others reported in (1983) 4 Supreme Court Cases 309, wherein the Supreme Court has held that if the key answer is demonstrably wrong, then this Court has got power to interfere with the same. Applying the said decision, we have to examine this case as to whether the key answer published by the respondents is demonstrably wrong. Question No.33 in 'D' series reads as follows: "33. “TAMIL” 6. Applying the said decision, we have to examine this case as to whether the key answer published by the respondents is demonstrably wrong. Question No.33 in 'D' series reads as follows: "33. “TAMIL” 6. According to the respondents, option (B) is the right answer, because the Tamil word means 'ocean', 'ring', 'wheel'. Thus, according to the respondents, including the experts, who are present in the Court, since the Tamil word means three different objects, it is the appropriate right answer. 7. But the learned counsel for the petitioner would submit that option (D) is also a right answer. According to the petitioner, the Tamil word carries three different meanings, such as (i) ocean (ii) A great number i.e. 1 followed by 14 zeros and (iii) Abundance. Thus, according to the petitioner option (D) is also the right answer. In order to substantiate his contention, the learned counsel has relied on the Lexicon published by the University of Madras, wherein, the meaning for the Tamil word' is mentioned as follows: “TAMIL” Similarly, the learned counsel has relied on the Tamil Dictionary known as wherein it is stated as follows: “TAMIL” 8. The learned counsel relies on yet another Tamil Dictionary published by 'Saradha Padhipagam', wherein it is stated similarly. Thus, the word does not mean only an 'Ocean'. Since it means many other objects also, option (D) is the right answer and therefore, the petitioner is entitled for one mark. 9. The experts present in the Court would say that option (B) alone is the right answer. According to the experts, the word is not a Tamil word at all and that is why according to them, option (D) is not the correct answer. 10. A careful reading of question No.33 would go to show that there is no indication that the candidates should find out whether the said word is a For a moment, I am also not prepared to accept the contention that the word is not a Tamil word. Had it been so, in the Tamil Dictionaries, referred to by the learned counsel, the word would not have been included as a Tamil word. Demonstrably, the Tamil word carries meanings of three different objects and therefore, applying the law laid down by the Supreme Court in Kanpur University's case, for those candidates, who have answered option (D) also, one mark should be awarded. 11. Demonstrably, the Tamil word carries meanings of three different objects and therefore, applying the law laid down by the Supreme Court in Kanpur University's case, for those candidates, who have answered option (D) also, one mark should be awarded. 11. Though the petitioner has come up with this writ petition seeking a direction for awarding of one mark for question No.33 to her alone, since the key answer is not fully correct, any benefit given to the petitioner should be extended to the similarly placed persons. Therefore, it would be appropriate for this Court to do justice to all the candidates, who have answered option (D) as the right answer, by awarding one mark. Thus, this judgment is in rem and not in personam. 12. In the result, the writ petition is allowed in the following terms: (i). The respondents are directed to award one mark for those candidates, who have answered either option (B) or option (D) as answer to question No.33 in 'D' series and in the other series for the said question. (ii). The respondents shall revalue all the answer papers by making the above modification in the key answers and then publish the revised result. (iii). The learned Special Government Pleader would state that the said exercise will be completed within one week. Accordingly it is directed that the said exercise shall be completed within one week from today. No costs. Consequently, connected miscellaneous petition is closed.