IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :
02.07.2014
CORAM
W.P.No.31984 of 2013
and
M.P.No.1 of 2013
J.Maria Johnsi Rani ... Petitioner
vs.
1.Teachers Recruitment Board,Rep. By Chairman,College Road,
Nungambakkam,Chennai-600 006.
3.The Director of School Education,DPI Compound, College
Road,Nungambakkam,Chennai 600 006. ...
Respondents Writ Petition filed under Article 226 of the
Constitution of India praying for the issuance of a writ of mandamus directing
the first respondent Teachers Recruitment Board to the petitioner to give marks
for Question Nos.9,18,63,78,115,122 in the A setquestion paper as the final key
answers published along with the final results on 05.11.2013 are wrong and to
declare the petitioner successful in the Teacher's Eligibility Test (TET for
short) examination, held on 18.08.2013 for the post of Bachelor of
TeachingAssistant in Tamil as per the Notification dated 17.06.2013.
For Petitioner : Ms.L.Parvin Banu
For Respondents : Mr.D.KRishna Kumar,
Special Government Pleader
O R D E RT
his writ petition has been listed before me as a specially
ordered case on the orders of the Hon'ble 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. Her Roll Number is 13TE05202054. The question papers were in four
series. The questions were of objective type. The petitioner was supplied with
'A' series question paper for Paper -II. She has secured 88 marks. According to
the petitioner, for question Nos.9,18,63,11,5, 78 & 122 though, she had
answered rightly, she has not been awarded each one mark to the said questions.
3.I have heard the learned counsel for the petitioner and
the learned Special Government Pleader appearing for the respondents and Ihave
also perused the records carefully.
4.It is brought to my notice by the learned Special
Government Pleader appearing for the respondents that the correctness ofthe
said question Nos.9,18,63,11,5& 122 have been decided by this Court in
earlier writ petitions in W.P(MD) Nos.18223, 19032, 18334, 18567 & 18499 of
2013. In view of the said admitted position, no further adjudication is
required in respect of the key answers for these questions.
5.Now, what remains to be adjudicated upon is question No.78
in Paper II 'A' Series. Question No.78 reads as follows:-78. V, ye wheelsStop !
Be silent for today.A) Simile B) MetaphorC)Personification D) Oxymoron
6.According to the Teachers Recruitment Board, option C
(Personification) is the right answer. But, according to the petitioner, option
D (Oxymoron) is the right answer.
7.Today, two experts in the said subject are present before
this Court who are Ms.Ponni, Teacher from the Government Girls Higher Secondary
School, Villivakkam, Chennai 600 049 and Ms.S.Vidya, Government Girls Higher
Secondary School, Virugambakkam, Chennai 600 092.This Court had the benefit of
hearing them also. According to them, the said question refers to the figures
of speech. The experts would further say that the figure of speech found in
this question is Personification. According to them,Personification attributes
inanimate of its abstract qualities. In this question, stop and silent
arePersonified and therefore, option C alone is the right answer.
8.But, the learned counsel for the petitioner would submit
that for thesaid question, option D (Oxymoron) is the right answer. But, the
experts would say that Oxymoron is the figure of speech inwhich, apparently
contradictory terms appearing in conjunction likefaith, un-faithful kept him
falsely true . Referring to the same, the Experts would say that in the poem,
given in the question, there are no contradictory terms in conjunction and
therefore, the option D (Oxynmoron) is not the correct answer.
9.In the New Oxford Dictionary of English, the word Oxymoron
is mentioned. It means, a figure of speech in which apparently contradictory
terms appear conjunction. Thus, the opinion offered by the Experts is fully
supported by the New Oxford Dictionary of English also.
10.At this juncture, I have to say that 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 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 gotpower 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
demonstrate that the key answer pertaining to question No.78 is wrong.
11.In view of all the above, the writpetition fails and
accordingly, the same is dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
02.07.2014
Index : Yes/Nojbm
To
1.Teachers Recruitment Board,Rep. By Chairman,College Road,
Nungambakkam, Chennai-600 006.
2.The Director of School Education,DPI Compound, College
Road,Nungambakkam, Chennai 600 006.
S.NAGAMUTHU,J.jbm
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