2013 ஆகஸ்டில் நடைபெற்ற ஆசிரியர் தகுதித்தேர்வு விடைகளுக்கு எதிராக தொடரப்பட்ட வழக்கில் மதுரை உயர்நீதிமன்றம் வழக்கு விவரம் -

          2013 ஆகஸ்டில் நடைபெற்ற ஆசிரியர் தகுதித்தேர்வு விடைகளுக்கு எதிராகதொடரப்பட்ட வழக்கில் மதுரை உயர்நீதிமன்றத்தின் வழக்கு விவரம்.


BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.11.2013
CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
W.P.(MD)No.18394 of 2013
W.P.(MD)Nos.18430 and 18499 of 2013
and
M.P.(MD).Nos.1 & 2 of 2013 in W.P(MD)No.18394 of 2013
and
M.P.(MD).No.1 of 2013 in W.P(MD)No.18430 of 2013
and
M.P.(MD).No.1 of 2013 in W.P(MD).No.18499 of 2013
W.P.(MD).No.18394 of 2013
K.Meenakshi .. Petitioner
1.The Chairman,
Teachers Recruitment Board,
College Road, Chennai - 06.
2.The Member Secretary,
Teachers Recruitment Board,
College Road, Chennai - 06.
3.The Director of School Education,
School Education Department,
Chennai. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to award appropriate marks in the Teachers Eligibility Test, 2013 (TNTET-2013) paper II held on 18.08.2013, question paper serial Code C within a stipulated time.
!For Petitioner ... Mr.G.Marimuthu
^For respondents ... Mr.V.R.Shanmuganathan
Special Government Pleader
W.P.(MD).No.18430 of 2013
R.Shanmugapriya .. Petitioner
Vs
1.The State of Tamil Nadu,
rep. by its Principal Secretary,
Department of School Education,
Fort St. George,
Chennai -9.
2.The Teachers Recruitment Board,
through its Secretary,
College Road,
Chennai -06. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration, to declare that the final key answer provided for the question paper in TNTET - 2013 paper II booklet series C   pertaining to question Nos.8 and 14 as wrong and consequently direct the 2nd respondent to award 2 marks to the petitioner in addition to the marks secured by the petitioner in respect of question numbers 8 and 14 in Child Development and Pedagogy in TNTET Examination 2013 held on 18.08.2013 and to declare the petitioner bearing No.13TE 15203444 to have passed in TNTET 2013 Paper II.
For Petitioner ... Mr.Gnanagurunathan
For respondent ... Mr.V.R.Shanmuganathan
Special Government Pleader
W.P.(MD).No.18499 of 2013
K.Ponrani .. Petitioner
Vs
1.The State of Tamil Nadu,
rep. by its Secretary,
Department of School Education,
Fort St. George, Chennai 09.
2.The Teachers Recruitment Board,
rep. by its Chairman,
4th Floor, EVK Sampath Maaligai,
College Road, Chennai - 06. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration, to declare the key answer to the question Nos.10, 18, 19 and 125 in Paper II under D series in Section B (Social Studies) are wrong in so far as the petitioner is concerned and award four marks to the petitioner for the question Nos.10, 18, 19 and 125 in paper II under D www.padasalai.net series in Section B (Social Studies).
For Petitioner .. Mr.Isaac Mohanlal
For respondents .. Mr.V.R.Shanmuganathan
Special Government Pleader
COMMON ORDER
        In these writ petitions, the petitioners have appeared in the Tamil Nadu Teachers Eligibility Test (TNTET) - 2013. They have supplied with different series of question booklets in Paper II. Now, they have come forward with these writ petitions, challenging the final key answers relating to certain questions.
2.I have heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents. I have also perused www.padasalai.net the records carefully.
3.It has been held by the Hon'ble Supreme Court in Kanpur University Vs. Samir Gupta, reported in AIR 1983 Supreme Court 1230, that since this Court is not an expert in the subject relating to the examinations, this court should not ordinarily interfere with the key answers set by the paper setter, unless the  petitioner, who challenges the key answer, is able to demonstrate that the key answer is the wrong answer. Keeping in mind the above principle, let us now examine the challenges made to the key answers in the present writ petitions.
W.P.(MD).No.18394 of 2013:
4.In this writ petition, the petitioner challenges the key answers relating to question Nos.7, 25, 13, 23, 15, 9, 120, 138, 35, 74, 69, 90 and 79 in "C" series question booklet, in paper II.
5.When this matter was taken up today, the learned counsel brought to my notice that the challenges made to these questions, except the question No.25, were all considered in different writ petitions and this Court passed orders, rejecting the challenges. Thus, the key answer for these questions have been confirmed, except the question No.25. Now, let us examine question No.25.
6.Question No.25 reads as follows;
"The number of types of counselling is
A)3 B)2 C)1 D)5"
7.According to the key answer, option "A" is the right answer, whereas, according to the petitioner, no answer is the right answer. According to the petitioner, there are 4 types of counselling. Since 4 is not given as one of the options, the question itself is wrong, the learned counsel contended. In order to resolve the above dispute, the Teachers Recruitment Board has engaged a committee of experts by name Dr.S.Prabu Shankar, Assistant Professor of Education, Institute of Advanced Study in Education, Saidapet, Chennai, Ms.A.Noorjahan, Associate Professor of Education, Lady Willingdon IASE, Chennai and Dr.A.Radhamani, Assistant Professor of Education, Lady Willingdon IASE, Chennai. They have opined that the option "A" is the right answer. They have given the following reasons:
"We reject the candidate's representation
Option A : 3 is the correct answer.
The 3 types of counselling are:
1.Directive counselling
2.Non-directive counselling
3.Eclectic counselling"
8.The learned counsel for the petitioner would seriously dispute about the opinion of the experts. According to the learned counsel, there are four types of counselling and three types of approaches of counselling. The learned counsel would rely on a book titled 'Essentials of Educational Psychology', authored by one S.K.Mangal, which is admittedly a standard book in Educational Psychology. In the said book, at page 605, it is stated as follows; "Types of Counselling:  In schools, teachers as well as trained counselors try to provide various types of counselling to the students depending upon the nature of their problems, needs and situations. The four main types of such counselling may be named and described as follows;
(a) Emergency counselling;
(b)Problem Solving or Curative counselling;
(c)Preventive counselling; and
(d)Developmental or Formative counselling."
9.In page No.606, it is stated as follows; "Approaches of counselling: counselling may take a particular form, shape or style, known as approaches of counselling, depending upon the relative roles of the counselor www.padasalai.net and counselee, the need and objectives of such counselling and the facilities, situations or environment prevalent at the time of counselling. Mainly there are three approaches of counselling named as below;.  

 (1)Directive counselling;
(2)Non-Directive counselling; and
(3)Eclectic counselling."
10.Referring to the above, the learned counsel for the petitioner would submit that the opinion offered by the experts cannot be unhesitatingly accepted, because Directive counselling, Non-directive counselling and Eclectic counselling are all approaches of counselling and not types of counselling.
11.The experts, who are present before this Court, tacitly admitted that  the 'Essentials of Educational Psychology' book, authored by S.K.Mangal is a standard book in Educational Psychology. As a matter of fact, this book has been referred to by the very same experts, when the challenges, relating to the other questions, have been dealt with by this Court. But, the experts would say   that there are other standard books, which are equally standards, wherein it is   stated that the types of counselling are only three types. The experts would rely on a book titled 'Guidance and Counselling, authored by Dr.Kiruba Charles. In the said book at page No.27, it is stated as follows;
Types of counselling:
counselling may address n