2013 ஆகஸ்டில் நடைபெற்ற ஆசிரியர் தகுதித்தேர்வு விடைகளுக்கு எதிராக தொடரப்பட்ட வழக்கில் மதுரை உயர்நீதிமன்றம் வழக்கின் விவரம் 1.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.11.2013
CORAM
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
W.P.(MD)No.18223 of 2013
W.P.(MD)No.18224 and 18225 & 18286 of 2013
and
M.P.(MD).No.1 of 2013 in W.P(MD)No.18223 of 2013
and
M.P.(MD).No.1 of 2013 in W.P(MD)No.18224 of 2013
and
M.P.(MD).No.1 of 2013 in W.P(MD).No.18225 of 2013
W.P.(MD).Nos.18223 to 18225 of 2013
N.Kalai Selvi .. Petitioner in
W.P.(MD).No.18223/2013
K.Dhanaa .. Petitioner in
W.P.(MD).No.18224/2013
A.Jegan Selvaraj .. Petitioner in
W.P.(MD).No.18225/2013
1.The State of Tamil Nadu,
rep. by its Principal Secretary,
Department of School Education,
Fort St. George, Chennai -09.
2.The Secretary,
Teachers Recruitment Board,
EVK Sampath Maaligai,
DPI Compound, College Road,
Chennai - 06. .. Respondents in
all the petitions
Prayer in W.P.(MD).No.18223 of 2013
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-1 (Paper-I), Booklet Series-A, pertaining to question Nos.3, 27, and 71, provided by the respondent No.2, as incorrect and accordingly, direct the respondent No.2 to award three more marks in addition to the marks secured by the petitioner, i.e., 89 out of 150 and to declare the petitioner bearing Roll No.13TE20102683 to have passed in TNTET Paper-I, 2013, within a stipulated time.
Prayer in W.P.(MD).No.18224 of 2013
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-1 (Paper-I), Booklet Series-D, pertaining to question Nos.17, 18, 22 and 66, provided by the respondent No.2, as incorrect and accordingly direct the respondent No.2 to award four more marks in addition to the marks secured by the petitioner, i.e., 88 out of 150 and to declare the petitioner bearing Roll No.13TE16101069 to have passed in TNTET Paper-I, 2013, within a stipulated time.
Prayer in W.P.(MD).No.18225 of 2013
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-1 (Paper-II), Booklet Series-D, pertaining to question Nos.3, 4, 27, and 105, provided by the respondent No.2, as incorrect and accordingly direct the respondent No.2 to award four more marks in addition to the marks secured by the petitioner, i.e., 88 out of 150 and to declare the petitioner bearing Roll No.13TE20204799 to have passed in TNTET Paper-II, 2013, within a stipulated time.
!For Petitioners in
all these petitions ... Mr.T.Lajapathi Roy
^For respondents in
all these petitions ... Mr.V.R.Shanmuganathan
Special Government Pleader
W.P.(MD).No.18286 of 2013
M.Kathiravan .. Petitioner
The Teachers Recruitment Board,
rep. by its Chairman / Member
Secretary, D.P.I. Campus,
College Road,
Chennai- 600 006. .. Respondent
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondent www.padasalai.net to award one mark for each of the question Nos.7, 8, 17 and 62 in TET Paper - I examination conducted by the respondent on 17.08.2013 as Tamil Nadu Teacher Eligibility Test (TNTET) - 2013 and consequently direct the respondent to issue a certificate mentioning the petitioner as "Pass" in the above said test.
For Petitioner ... Mr.Thirunavukkarasu
for Mr.K.M.Senthil Vinayagam
For respondent ... Mr.V.R.Shanmuganathan
Special Government Pleader
:COMMON ORDER
The petitioners in all these petitions have appeared for the Tamil Nadu Teacher Eligibility Test (TNTET) - 2013. It consists of two papers. The tentative key answers for the said papers were published by the respondent Board on 22.08.2013. The objections were submitted by the petitioners and few others, on various dates. The same were considered by the experts body, constituted by the Board and based on the opinion of the experts, final key answers were published on 05.11.2013 and results were also published. While so, the petitioners have come up with these writ petitions challenging the key answers relating to certain questions.
W.P.(MD).No.18223 of 2013
2.The petitioner in this writ petition has challenged the key answers, relating to the question Nos.3, 27 and 71 in Paper-I "A" series booklet.
3. Question No.3 reads as follows;
”ஒழுக்க வளா்ச்சியில் முக்கிய பங்கு வகிப்பது
W.P.(MD)No.18223 of 2013
W.P.(MD)No.18224 and 18225 & 18286 of 2013
and
M.P.(MD).No.1 of 2013 in W.P(MD)No.18223 of 2013
and
M.P.(MD).No.1 of 2013 in W.P(MD)No.18224 of 2013
and
M.P.(MD).No.1 of 2013 in W.P(MD).No.18225 of 2013
W.P.(MD).Nos.18223 to 18225 of 2013
N.Kalai Selvi .. Petitioner in
W.P.(MD).No.18223/2013
K.Dhanaa .. Petitioner in
W.P.(MD).No.18224/2013
A.Jegan Selvaraj .. Petitioner in
W.P.(MD).No.18225/2013
1.The State of Tamil Nadu,
rep. by its Principal Secretary,
Department of School Education,
Fort St. George, Chennai -09.
2.The Secretary,
Teachers Recruitment Board,
EVK Sampath Maaligai,
DPI Compound, College Road,
Chennai - 06. .. Respondents in
all the petitions
Prayer in W.P.(MD).No.18223 of 2013
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-1 (Paper-I), Booklet Series-A, pertaining to question Nos.3, 27, and 71, provided by the respondent No.2, as incorrect and accordingly, direct the respondent No.2 to award three more marks in addition to the marks secured by the petitioner, i.e., 89 out of 150 and to declare the petitioner bearing Roll No.13TE20102683 to have passed in TNTET Paper-I, 2013, within a stipulated time.
Prayer in W.P.(MD).No.18224 of 2013
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-1 (Paper-I), Booklet Series-D, pertaining to question Nos.17, 18, 22 and 66, provided by the respondent No.2, as incorrect and accordingly direct the respondent No.2 to award four more marks in addition to the marks secured by the petitioner, i.e., 88 out of 150 and to declare the petitioner bearing Roll No.13TE16101069 to have passed in TNTET Paper-I, 2013, within a stipulated time.
Prayer in W.P.(MD).No.18225 of 2013
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-1 (Paper-II), Booklet Series-D, pertaining to question Nos.3, 4, 27, and 105, provided by the respondent No.2, as incorrect and accordingly direct the respondent No.2 to award four more marks in addition to the marks secured by the petitioner, i.e., 88 out of 150 and to declare the petitioner bearing Roll No.13TE20204799 to have passed in TNTET Paper-II, 2013, within a stipulated time.
!For Petitioners in
all these petitions ... Mr.T.Lajapathi Roy
^For respondents in
all these petitions ... Mr.V.R.Shanmuganathan
Special Government Pleader
W.P.(MD).No.18286 of 2013
M.Kathiravan .. Petitioner
The Teachers Recruitment Board,
rep. by its Chairman / Member
Secretary, D.P.I. Campus,
College Road,
Chennai- 600 006. .. Respondent
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondent www.padasalai.net to award one mark for each of the question Nos.7, 8, 17 and 62 in TET Paper - I examination conducted by the respondent on 17.08.2013 as Tamil Nadu Teacher Eligibility Test (TNTET) - 2013 and consequently direct the respondent to issue a certificate mentioning the petitioner as "Pass" in the above said test.
For Petitioner ... Mr.Thirunavukkarasu
for Mr.K.M.Senthil Vinayagam
For respondent ... Mr.V.R.Shanmuganathan
Special Government Pleader
:COMMON ORDER
The petitioners in all these petitions have appeared for the Tamil Nadu Teacher Eligibility Test (TNTET) - 2013. It consists of two papers. The tentative key answers for the said papers were published by the respondent Board on 22.08.2013. The objections were submitted by the petitioners and few others, on various dates. The same were considered by the experts body, constituted by the Board and based on the opinion of the experts, final key answers were published on 05.11.2013 and results were also published. While so, the petitioners have come up with these writ petitions challenging the key answers relating to certain questions.
W.P.(MD).No.18223 of 2013
2.The petitioner in this writ petition has challenged the key answers, relating to the question Nos.3, 27 and 71 in Paper-I "A" series booklet.
3. Question No.3 reads as follows;
”ஒழுக்க வளா்ச்சியில் முக்கிய பங்கு வகிப்பது
A) மனப்பான்மை B) மனசாட்சி
C) மனத்திறன் D) எண்ணங்கள்
"Main role in moral development is
A)Attitude B)Conscience
C)Mental Ability D)Feelings"
4.The key answer is option "A" (Attitude). According to the petitioner, option "B" (Conscience) is the correct answer. In order to substantiate his contention, the learned counsel for the petitioner has relied on a textbook issued by the Government for the First year - Diploma in Education Course. In the said book, in page No.100, it is stated as follows;
C) மனத்திறன் D) எண்ணங்கள்
"Main role in moral development is
A)Attitude B)Conscience
C)Mental Ability D)Feelings"
4.The key answer is option "A" (Attitude). According to the petitioner, option "B" (Conscience) is the correct answer. In order to substantiate his contention, the learned counsel for the petitioner has relied on a textbook issued by the Government for the First year - Diploma in Education Course. In the said book, in page No.100, it is stated as follows;
””ஒழுக்க நடத்தையில் மனச்சாட்சி (Conscience) என்னும் உள்ளுணா;வஜ னெ;றியமையாப் பயு;கினைப் டிபற்றுள்ளதாகும”;”
5. Referring to the above version, the learned counsel for the petitioner would submit that option "B" is the correct answer. But, the learned Special Government Pleader would submit that in order to examine the said issue, a body of experts, consisting of Mrs.N.Valarmathi, Lecturer, DIET, Ranipet, Vellore District, Ms.S.Arumbumozhi, Lecturer, DIET, Kaliyampoondi,Kancheepuram District, Mrs.I.R.Carmeline, Lecturer, DIET, Chennai and Mrs.N.Punithavathi, Lecturer, DIET, Chennai, was constituted. The experts have opined that "Conscience" took important role in moral behaviour only.
6. I have considered the above submissions.
7. The statement in the textbook, which relied on by the learned counsel for the petitioner, speaks of moral behaviour (xGf;f elj;ij) only. Thus, in the matter of moral behaviour, 'conscience' place a vital role. www.padasalai.net But, the question relates to moral development. Therefore, the contention of the petitioner is not acceptable and therefore, the same is rejected.
8.The next question is question No.27 in paper-I "A" series booklet. This question reads as follows;
"Physical growth in children is at the maximum rate at the age of
A)0-2 years B)2-6 years
C)6-12 years D)12-19 years"
9.The key answer is option "A". According to the petitioner, the correct answer is option "D". In order to substantiate his contention, the petitioner has relied on the textbook prescribed for the first year of Diploma in Education Course. In page 2 of the said book, it is stated as follows;
”பள்ளிப் பருவம் முதல் குமரப் பருவம் தொடங்கும் வரை குழந்தையின் உடல் வளர்ச்சி தேக்க நிலையை அடைகின்றது. அதனைத்டிதொடர்ந்து குமரப்பருவத்தில் உடல் வளர்ச்சியில் அதிக வேகம் காணப்படுகிறது.”
10. Relying on this, the learned counsel for the petitioner would submit that option "D" is the correct answer. But, the learned Special Government Pleader would submit that after receiving objections, this question was examined by the very same experts. They have opined that option "A" is the correct answer. For that, they have referred to as many as four standard textbooks.
11.I have considered the above submissions.
12. In the textbook, upon which the reliance is made by the petitioner, a graph is given at page-2, showing the growth of the child. Even to naked eyes the growth shows that upto 2 years, the child achieves 20 units of growth, whereas during the second phase viz., on completion of 6 years of age, the child grows upto 40 units. It is made clear that during the initial period of two years, the child achieves 20 units of height, whereas to achieve further 20 units, it took four years. The graph further shows that at the age of 12, the child achieve 60 units of growth, whereas on completion of 20 years, the child reaches 100 units. Thus, between 12 to 20 years of age, the child achieves only 40 units of height. This rate of growth is achieved in 8 years. Thus, it is
crystal clear that even as per the graph, which c.
5. Referring to the above version, the learned counsel for the petitioner would submit that option "B" is the correct answer. But, the learned Special Government Pleader would submit that in order to examine the said issue, a body of experts, consisting of Mrs.N.Valarmathi, Lecturer, DIET, Ranipet, Vellore District, Ms.S.Arumbumozhi, Lecturer, DIET, Kaliyampoondi,Kancheepuram District, Mrs.I.R.Carmeline, Lecturer, DIET, Chennai and Mrs.N.Punithavathi, Lecturer, DIET, Chennai, was constituted. The experts have opined that "Conscience" took important role in moral behaviour only.
6. I have considered the above submissions.
7. The statement in the textbook, which relied on by the learned counsel for the petitioner, speaks of moral behaviour (xGf;f elj;ij) only. Thus, in the matter of moral behaviour, 'conscience' place a vital role. www.padasalai.net But, the question relates to moral development. Therefore, the contention of the petitioner is not acceptable and therefore, the same is rejected.
8.The next question is question No.27 in paper-I "A" series booklet. This question reads as follows;
"Physical growth in children is at the maximum rate at the age of
A)0-2 years B)2-6 years
C)6-12 years D)12-19 years"
9.The key answer is option "A". According to the petitioner, the correct answer is option "D". In order to substantiate his contention, the petitioner has relied on the textbook prescribed for the first year of Diploma in Education Course. In page 2 of the said book, it is stated as follows;
”பள்ளிப் பருவம் முதல் குமரப் பருவம் தொடங்கும் வரை குழந்தையின் உடல் வளர்ச்சி தேக்க நிலையை அடைகின்றது. அதனைத்டிதொடர்ந்து குமரப்பருவத்தில் உடல் வளர்ச்சியில் அதிக வேகம் காணப்படுகிறது.”
10. Relying on this, the learned counsel for the petitioner would submit that option "D" is the correct answer. But, the learned Special Government Pleader would submit that after receiving objections, this question was examined by the very same experts. They have opined that option "A" is the correct answer. For that, they have referred to as many as four standard textbooks.
11.I have considered the above submissions.
12. In the textbook, upon which the reliance is made by the petitioner, a graph is given at page-2, showing the growth of the child. Even to naked eyes the growth shows that upto 2 years, the child achieves 20 units of growth, whereas during the second phase viz., on completion of 6 years of age, the child grows upto 40 units. It is made clear that during the initial period of two years, the child achieves 20 units of height, whereas to achieve further 20 units, it took four years. The graph further shows that at the age of 12, the child achieve 60 units of growth, whereas on completion of 20 years, the child reaches 100 units. Thus, between 12 to 20 years of age, the child achieves only 40 units of height. This rate of growth is achieved in 8 years. Thus, it is
crystal clear that even as per the graph, which c.
The judgement details are incomplete. Will you upload the remaining?
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then one social question ans. A B and D
best of luck 87 88 89 scored guys in paper 2
Paper II. Social science. Vande mathram, Ans. Bengali correct proof yennidam ulladu call me no. 9865750703
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