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TMI Blog2019 (8) TMI 1859X X X X Extracts X X X X X X X X Extracts X X X X ..... he High Court in exercise of powers under Article 226 of the Constitution cannot modify/relax the Instructions issued by the Commission as held in M. Vennila v. Tamil Nadu Public Service Commission [ 2006 (6) TMI 538 - MADRAS HIGH COURT ]. The High Court after summoning and perusing the answer sheet of the Respondent was convinced that there was infraction of the Instructions. However, the High Court granted the relief to the Respondent on a sympathetic consideration on humanitarian ground - The judgments cited by the learned Senior Counsel for the Respondent in TAHERAKHATOON (D) BY LRS. VERSUS SALAMBIN MOHAMMAD [ 1999 (2) TMI 679 - SUPREME COURT ] and CHANDRA SINGH VERSUS STATE OF RAJASTHAN [ 2003 (7) TMI 692 - SUPREME COURT ] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The Tamil Nadu Public Service Commission (for short, the Commission ) issued a Notification dated 09.04.2018 inviting applications from eligible candidates for filling up 320 vacancies to the posts of Civil Judges in the Tamil Nadu State Judicial Service. The Respondent was successful in the preliminary examination conducted on 09.06.2018. The written test was conducted on 11th and 12th August, 2018. Results of the written test were announced on 19.09.2018 and the name of the Respondent did not appear in the list of successful candidates. Interviews were conducted from 27.09.2018 to 05.10.2018 and the final results of successful candidates were published on 05.12.2018. The Respondent came to know that another candidate belonging to the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the answer sheet with pencil at several places in Law Paper-1. The High Court was also of the opinion that such marking was in clear violation of Instruction 22 (1)(II) of the Instructions issued by the Commission which prohibits candidates from using a pencil for any purpose. Instruction 22 (1) (II) provides that: Penalty for violation of Commission s instruction in the descriptive type examination. The answer books of the applicants will be invalidated / marks deducted / debarred for violations of any one or more of the instructions, besides initiating criminal action wherever necessary. 1) Invalidation I. ... II. Usage of whitener, sketch pens, pencil, colour pencils, multi-colour pens, Crayons or any oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mohana, learned Senior Counsel appearing for the Respondent vehemently argued that we should not exercise our discretion under Article 136 of the Constitution of India. According to her, there is no substantial question of law in the S.L.P. warranting our interference. She submitted that an error was committed by the Respondent which was rightly condoned by the High Court. She made a fervent appeal to us that the career of a meritorious backward class candidate should not be nipped at the bud. 7. We have given our anxious consideration to the submissions made by the learned Senior Counsel for the Respondent. The Instructions issued by the Commission are mandatory, having the force of law and they have to be strictly complied with. Stric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. It is a well-known adage that, hard cases make bad law. In Umesh Chandra Shukla v. Union of India [(1985) 3 SCC 721] , Venkataramiah, J., held that: 13 . exercise of such power of moderation is likely to create a feeling of distrust in the process of selection to public appointments which is intended to be fair and impartial. It may also result in the violation of the principle of equality and may lead to arbitrariness. The cases pointed out by the High Court are no doubt hard cases, but hard cases cannot be allowed to make bad law. In the circumstances, we lean in favour of a strict construction of the Rules and hold that the High Court had no such power under the Rules. 11. Roberts, CJ. in Caperton v. A.T. Massey [556 U.S. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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