Hemant Gupta JUDGMENT
L. Nageswara Rao, J.
Leave granted.
1. The Respondent is an Advocate enrolled in the Bar Council of Tamil Nadu. 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 same community to which she belongs (Most Backward Class) was selected in spite of her performance not being satisfactory. The Respondent made a representation to the Commission to furnish her marks in the written examination. On 07.01.2019, the Commission conveyed to the Respondent that her Law Paper 1 written examination was invalidated in view of violation of the Instructions to Applicants (hereinafter referred to as 'the Instructions') issued by the Commission.
2. The Respondent filed a Writ Petition in the High Court for a direction to declare her result and appoint her as a Civil Judge, provided she has secured more marks than the last selected candidate in the Most Backward Class category. The High Court directed the Commission to announce the results of the Respondent in Law Paper-1 of the main written examination. If she was found qualified, the Commission was directed to conduct the interview of the Respondent as a special case. The Commission was further directed to complete the exercise and announce the final result of the Respondent within a period of four weeks from the date of the judgment. Being dissatisfied with the said judgment of the High Court, this appeal is filed.
3. The Respondent contended before the High Court that she did not violate any of the conditions stipulated by the Commission. She complained that the Commission wrongfully invalidated her Law Paper-1. The High Court summoned the answer sheets and found that the Respondent had underlined 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 other writing materials, for any purpose.
4. When the Respondent was confronted by the High Court by showing the answer sheet, she submitted that it may have been done inadvertently and due to anxiety. The Respondent pleaded for leniency and prayed that a direction may be given to the Commission to declare he........