முதுநிலைப் பட்டதாரி ஆசிரியர் போட்டித் தேர்வு வழக்கு நீதிபதி தீர்ப்பின் சில பத்திகள்

   முதுநிலைப் பட்டதாரி ஆசிரியர் போட்டித் தேர்வு வழக்கு நீதிபதி  தீர்ப்பின்  சில பத்திகள்

Some important paragraphs in the judgement made in  TRB PG TAMIL  for candidates

26.The learned Advocate General made a fervent appeal to this Court

to avoid ordering re-examination.  To make this submission, the learned Advocate

General submitted that in these writ petitions, the relief sought for by the

petitioners themselves is for only awarding grace marks for these erroneous

questions.  The learned Advocate General would therefore submit that it may not

be appropriate for this Court to order for re-examination, since such a relief

has not been prayed for at all. In this regard, I may again refer to the

judgment of the Hon'ble Supreme Court  in Rajesh Kumar  and others vs. State of

Bihar and others, reported in (2013) 4 SCC 690.  In paragraph Nos.14 and 15, 

27.In view of the above legal position, as reiterated by the Hon'ble

Supreme Court  in Rajesh Kumar's case, in the instant case, though the

petitioners have sought for only awarding of grace marks, I am of the view that

such relief cannot be granted to the petitioners, as the same would materially

affect other candidates.  Therefore, by moulding the relief, in my considered

opinion, this Court could order only for re-examination.

28.I am conscious of the fact that all the candidates who have

written the examination in 'A', 'C' and 'D' Series question papers have not been

added as parties to these writ petitions.  It is true that in the event this

Court orders for re-examination, it may cause hardship to them.  But, as held by

the Hon'ble Supreme Court  in Rajesh Kumar's case, adopting any one of the

methods suggested by the learned Advocate General, as dealt with herein above,

would only result in injustice to the meritorious candidates.  In any selection

process, the merit should not be a victim.  Every endeavour should be made to

give weightage for the merit and to select meritorious candidates.  Simply

because it will cause some hardship for TRB to conduct re-examination, the

meritorious candidates cannot be allowed to suffer.

34.In view of foregoing discussions, though it will cause some

hardship for TRB to conduct re-examination and though the candidates have to

once again burn their night oil to prepare for their examination and though it

may cause  financial burden considerably to the official respondents, on that

score this Court cannot allow injustice to be caused to candidates  by allowing

TRB to value the answer sheets by adopting any one of the methods suggested by

the learned Advocate General.  I find that ordering for re-examination is the

only equitable relief this Court could grant to the parties.

35.I regret that this Court is made to take such a hard line.  This

Court is able to foresee the hardship and sufferings that the candidates are

going to experience.  This Court is also conscious of the fact that the

candidates who have faired well in the present examination may not do so well in

the re-examination and ultimately suffer.  All these hardships are, in my

considered view, because of the indifferent attitude of TRB, as narrated above.

Judiciary, being the institution which has been established under the

Constitution to enforce equality and to protect the other rights of the

citizens, cannot show any reluctance to take a hard line to order for re-

examination.  After all, as the English proverb goes, "one cannot make omlet

without breaking few eggs".

36.In the result, the writ petitions are disposed of in the

following terms:

(i)The written competitive examination for recruitment of Post Graduate

Assistants in Tamil subject held on 21.07.2013 is hereby set aside.

(ii)The official respondents, more particularly the Teachers Recruitment

Board, is directed to conduct fresh examination as early as possible, in any

event, not later than six weeks from the date of receipt of a copy of this

order.

(iii)For such a fresh examination, fresh hall tickets need not be issued

to the candidates.  Old Hall Tickets downloaded from the Teachers Recruitment

Board Website can be considered as sufficient.

(iv)There shall be no fresh calling for applications.

No costs.  Connected miscellaneous petitions are quashed