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2024 DIGILAW 1442 (MAD)

B. Mathanachandiran v. State of Tamil Nadu

2024-07-01

C.KUMARAPPAN, S.M.SUBRAMANIAM

body2024
ORDER : Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records relating to the impugned provisional selection list (revised list) published by the 3rd respondent in No. Nil dated 19.03.2024 and to quash the same in sofaras non-inclusion of name of the petitioner is concerned and consequently, directing the respondents to revalue the answer the answer book for Law Paper-II 'Framing of Charges and Writing of Judgments in Criminal case' with proper valuation in rectification of discrepancy committed, by awarding marks for Framing of Charges for Question Nos.3 & 4 as well as overall valuation and allow the petitioner to undergo the further process of selection for consideration for recruitment to the post of Civil Judge in pursuant to Notification No. 12/2023 dated 01.06.2023. 1. The provisional selection list published by the Tamil Nadu Public Service Commission (in short 'TNPSC') for selection and appointment to the post of Civil Judge in the Tamil Nadu State Judicial Service is under challenge in the present writ petition. 2. The petitioner participated in the process of selection and appointment to the post of Civil Judge pursuant to the Notification No. 12 of 2023 dated 01.06.2023. Admittedly, the provisional selection list was published and the TNPSC communicated the selection list to the Government for issuance of appointment orders. 3. Under these circumstances, the writ petitioner came out with the present writ petition mainly on the ground that his papers are not evaluated properly and marks awarded is inappropriate and not in consonance with the Key Answers. Therefore, the writ petition is to be entertained. 4. Mr. G. Sankaran, learned Senior Counsel would submit that there are instances, where Courts have entertained such writ petitions and re valuated the papers, so as to ensure that the valuation of papers are done properly by TNPSC. 5. It is not desirable to entertain such writ petitions at all circumstances, which would lead to opening of Pandora's box. Every candidate participating in such examinations are confident about their answers. But it for the evaluators to evaluate the answers. Perusal of the evaluation sheet furnished by the writ petitioner reveals that answer sheets are evaluated. That being so, in the absence of any Rule, permitting a candidate to seek for revaluation, Courts cannot issue a direction for such revaluation. Every candidate participating in such examinations are confident about their answers. But it for the evaluators to evaluate the answers. Perusal of the evaluation sheet furnished by the writ petitioner reveals that answer sheets are evaluated. That being so, in the absence of any Rule, permitting a candidate to seek for revaluation, Courts cannot issue a direction for such revaluation. The candidates participating in the process of selection are bound by the terms and conditions stipulated in the recruitment notification and the regulations of the TNPSC. That being so, the petitioner has not made out any case for admission. 6. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.