2013 ஆகஸ்டில் நடைபெற்ற ஆசிரியர் தகுதித்தேர்வு விடைகளுக்கு எதிராக தொடரப்பட்ட வழக்கில் மதுரை உயர்நீதிமன்றம் அளித்த தீர்ப்பின் மற்றொரு நகல் வெளியீடு.

2013 ஆகஸ்டில் நடைபெற்ற ஆசிரியர் தகுதித்தேர்வு விடைகளுக்கு எதிராகதொடரப்பட்ட வழக்கில் மதுரை உயர்நீதிமன்றம் அளித்த தீர்ப்பின் நகல் இதோ கல்விச்செய்தி நண்பர்களுக்காக...

BEFO
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

vs www.kalviseithi.net

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.

www.kalviseithi.net
!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

www.kalviseithi.net

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
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
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
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