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TMI Blog2019 (3) TMI 2044X X X X Extracts X X X X X X X X Extracts X X X X ..... instead of cancelling the entire examination. The learned Single Judge at the Principal Bench was not justified in taking a view contrary to the view taken by a Coordinate Bench in the very same subject matter. The order passed by the learned single Judge at the Madurai Bench confirmed - the notification issued by the Teacher's Recruitment Board pursuant to the decision taken on 8 February 2018 for cancelling the examination conducted on 16 September 2017 on the basis of the notification No. 06/17 dated 28 July 2017 is quashed. Appeal allowed. - Hon'ble Judges : K.K. Sasidharan and P.D. Audikesavalu, JJ. For the Appellant : Balan Haridas, AjmalKhan, Senior Counsel for Ajmal Associates, V. Krishnamoorthy, N.G.R. Prasad for Row Reddy, C. Uma, S. Deepika, V. Lakshmikanthan and Party-in-Person For the Respondents : Narmadha Sampath, Additional Advocate General assisted by C. Munusamy, Special Government Pleader JUDGMENT Introductory:- 1. The Teachers Recruitment Board (hereinafter referred to as the Board ) cancelled the competitive examination conducted for appointment to the post of Lecturers in various disciplines in the Government Polytec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the originals of the OMR Sheets were intact with the Board. The Board for the purpose of evaluation took scanned copies of the OMR Sheets and handed over to M/s. Datatec Methodex Pvt. Ltd., a Noida based company for evaluation and preparing the final list of candidates qualified for certificate verification. The agency conducted evaluation and the list was sent to the Board. It was only at that point of time, a complaint was made by a person to the Prime Ministers' office alleging certain mal-practices, which resulted in cancelling the very selection. The Board at all point of time maintained that only the scanned copies were available with the outsourcing agency and the original OMR Sheets were all in its safe custody. The learned single Judge was therefore of the view that it is possible to segregate the tainted candidates from the non-tainted ones. 7. The Board preferred a police complaint resulting in registering a case by the Central Crime Branch. The Central Crime Branch seized the original OMR Sheets in respect of 196 candidates from the Board and it was sent for analysis. The learned single Judge therefore opined that after cancelling the candidature of 196 can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idates were involved in the Scam, it would not be possible for the Board to proceed further with the selection process as the sanctity of the examination has to be preserved at any cost. The learned Additional Advocate General further contended that the investigation is pending and the agency is yet to receive the analysis report in respect of 196 candidates. The issue:- 11. The core question is as to whether the Board was correct in cancelling the selection on the ground that the outsourcing agency fabricated the records in respect of the scanned images of the OMR Sheets relating to 196 candidates notwithstanding its consistent case that there was no act of tampering with the records in respect of any of the original OMR Sheets and it was kept in the safe custody of the Board at all point of time. Discussion:- 12. The Board issued a notification dated 28 July 2017 inviting applications for appointment to the post of Lecturers in various disciplines in the Government Polytechnic Colleges for the year 2017-2018. The Board received 1,70,366 applications, as against the notified vacancies of 1058. The Board conducted written examination on 16 September 2017 and it was atte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision taken by the Board on the basis of relevant materials for cancelling the selection. 17. The decision to cancel the direct recruitment examination conducted on 16 September 2017 was taken by the Board at its Special Meeting held on 8 February 2018. Even in the minutes of the meeting, there is a clear indication that OMR Sheets from districts were received by the Board and were kept in Chairman's room in safe custody. Subsequently, from 19 November 2017 to 23 November 2017, scanning was done and the scanned OMRs were put into ordinary covers and sealed by the Member Secretary and kept in safe custody. The Minutes proceeds as if after obtaining information with regard to the awarding of marks by the outsourcing agency, the Member Secretary obtained copies of the OMR Sheets of the candidates mentioned in the petition from the processing agency and it was compared with the hard disk of the scanned images. On such comparison, it was found that the scanned images were varying and there were manipulation in data. The Minutes of the meeting therefore very clearly shows that the original OMR sheets were intact and there was no act of tampering with the data. The correction wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as accused of receiving money from the prospective candidates, the raid in his house and the seizure of Rs. 16 crores. The High Court ratified the action taken by the Government and dismissed the writ petitions. The High Court was of the view that it would not be possible to segregate the tainted from non-tainted ones leaving no option for the State but to cancel the entire selection process. (b) The Supreme Court placed reliance on the earlier judgment in Inderpreet Singh Kahlon v. State of Punjab [(2006) 11 SCC 356]. In the said case, the Hon'ble Supreme Court indicated the parameters to be considered by the Courts for terminating the services of appointees on the ground of mal-practices in the selection process. The Supreme Court in Inderpreet Singh (supra) made it clear that the illegalities committed must go to the root of the matter, and it should vitiate the entire selection process and the appointees in majority must be found to be part of the fraudulent purpose or the system itself must be found to be corrupt. (c) The Supreme Court framed a question as to whether the entire process could be labelled as vitiated because of the purported manipulations, forgery and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ire selections, wholly unwarranted and unnecessary even on the factual situation found too, and totally in excess of the nature and gravity of what was at stake, thereby virtually rendering such decision to be irrational. 25. In the subject case, there is absolutely no difficulty to reject the candidature of the tainted candidates. The entire 133568 OMR Sheets were with the Board at all point of time. Even now except 196, the remaining OMR Sheets in original are intact. The tainted 196 OMR Sheets were taken out of 133568 OMR Sheets and seized by police taking into account the correction of marks in respect of the scanned images of those 196 OMR Sheets. The Board has no case that even the original OMR Sheets were given to the outsourcing agency. It is the consistent case of the Board and the Police that only the scanned images were forwarded to the outsourcing agency. The records were tampered with only in respect of the 196 scanned copies. There was no corresponding alteration in respect of the original OMR Sheets. In fact, the Board succeeded in verifying the manipulation only by comparing the original OMR Sheets with the scanned images. The investigation conducted by the Poli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Principal Bench. The earlier decision of the Coordinate Bench at Madurai is binding on the Coordinate Bench at Chennai on the very same issue. It was not proper for the latter Coordinate Bench to ignore the judgment rendered by a Coordinate Bench of equal strength on the very same question. The only course open to the latter Coordinate Bench is to request the Hon'ble Chief Justice to refer the matter to a larger Bench and in the subject case, to a Division Bench. Coordinate Bench decision binding on latter Coordinate Bench:- 29. The Hon'ble Supreme Court in Sant Lal Gupta v. Modern Coop. Group Housing Society Ltd., (2010) 13 SCC 336 held that the earlier decision of the Coordinate Bench is binding on the latter Coordinate Bench deciding the same or similar issue. The Supreme Court said:- 17. A coordinate Bench cannot comment upon the discretion exercised or judgment rendered by another coordinate Bench of the same court. The rule of precedent is binding for the reason that there is a desire to secure uniformity and certainty in law. Thus, in judicial administration precedents which enunciate the rules of law form the foundation of the administration of just ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le for tampering with the scanned copies of the OMR Sheets. We are of the considered view that the learned single Judge at the Madurai Bench was correct in the finding that the Board should have segregated the tainted candidates from non-tainted candidates and proceeded with the selection process, instead of cancelling the entire examination. The learned Single Judge at the Principal Bench was not justified in taking a view contrary to the view taken by a Coordinate Bench in the very same subject matter. Disposition:- 33. We confirm the order passed by the learned single Judge at the Madurai Bench. We set aside the order passed by the learned single Judge of the Principal Bench in W.P. No. Nos. 3287 of 2018 and etc., batch. We quash the notification issued by the Teacher's Recruitment Board pursuant to the decision taken on 8 February 2018 for cancelling the examination conducted on 16 September 2017 on the basis of the notification No. 06/17 dated 28 July 2017. 34. We direct the Board to reject the candidature of 196 candidates who were accused of tampering with the scanned images of the OMR Sheets and take out the remaining OMR Sheets in original of the non-tainted c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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