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2014 DIGILAW 1867 (MAD)

V. Prabhu v. Director, School Education, Chennai

2014-07-02

S.NAGAMUTHU

body2014
JUDGMENT 1. This writ petition has been listed before me as a specially ordered case on the orders of the Hon'ble the Acting Chief Justice dated 25.06.2014. 2. The Teachers Recruitment Board, Government of Tamil Nadu, conducted Tamil Nadu Teachers' Eligibility Test-2013, as per the Notification No.3 of 2013, on 22.5.2013. The petitioner participated in the said examination. His Roll Number is 13TE18200915. The question papers were in four series. The questions were of objective type. The petitioner was supplied with 'C' series question paper for Paper - II. He has secured 88 marks. According to the petitioner, for question Nos.12, 23, 29, 84 & 120 though, he had answered rightly, he has not been awarded each one mark to the said questions. 2. I have heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and I have also perused the records carefully. 3. It is brought to my notice by the learned Special Government Pleader appearing for the respondents that the correctness of the said question Nos.12,23,29 & 120 have been decided by this Court in earlier writ petitions in W.P(MD) Nos.18577, 18334, & 18223 of 2013. In view of the said admitted position, no further adjudication is required in respect of the key answers for these questions. 4. Now, what remains to be adjudicated is question No.84 in Paper – II 'C' Series. Question No.84 reads as follows:- “84. In which the combination the letter 'h' is pronounced ? A) exhibit-exhilarate B) rhetoric-khaki C) heir-hour D) hostel-hostile” 5. According to the Teachers Recruitment Board, option “D” (hostel-hostile) is the right answer. But, according to the petitioner, option “A” (exhibit-exhilarate) is the right answer. 6. Today, three experts in the said subject are present before this Court who are Ms.B.Uma (P.G Assistant-Maths), from Government ADW Girls Higher Secondary School, Kannigapuram, Chennai – 600 012; Ms.P.Varalakshmi (P.G Assistant-Maths), Government Higher Secondary School, MKB Nagar, Chennai – 600 039 and Ms.P.Divya Prabha (P.G Assistant-Maths), Government Higher Secondary School, Arumbakkam, Chennai. This Court had the benefit of hearing them also. According to them, option 'D' (hostel-hostile) is the right answer. Whereas, according to the petitioner, option 'A' (exhibit-exhilarate) is the right answer. 7. The Experts would rely on a New Oxford English Dictionary. I find that in the words “exhibit & exhilarate”, alphabet 'h' is silent. Thus, in my view, the experts are right. According to them, option 'D' (hostel-hostile) is the right answer. Whereas, according to the petitioner, option 'A' (exhibit-exhilarate) is the right answer. 7. The Experts would rely on a New Oxford English Dictionary. I find that in the words “exhibit & exhilarate”, alphabet 'h' is silent. Thus, in my view, the experts are right. 8. At this juncture, I have to say that the power of this Court to interfere with the decision of the experts in respect of key answers has been elaborately dealt with in a number of judgments of the Hon'ble Supreme Court, 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 only, 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 set by the respondents is demonstrably wrong. Here, in this case, the petitioner is not able to prove that the key answer pertaining to question No.84 in “C” series is wrong. 9. In view of all the above, the writ petition fails and accordingly, the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.