TNTET : Writ Petition Regarding Wrong Questions in TNTET 2013 in Madras High Court

TNTET : Writ Petition Regarding Wrong Questions in TNTET 2013 in Madras High Court

1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.11.2013
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
W.P.(MD)Nos.18223 to 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
Vs.
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,
2
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.
3

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
Vs.
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,
4
praying for issuance of a Writ of Mandamus, to direct the respondent 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:
5
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;
"
xGf;f tsh;r;rpapy; Kf;fpa gA;F tfpg;gJ
A)
kdg;ghd;ik
B)
kdrhl;rp
C)
kdj;jpwd;
D)
vz;zA;fs;
"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;
"
"
xGf;f elj;ijapy; kdr;rhl;rp
(Conscience)
vd;Dk; cs;Szh;t[ nd;wpaikahg; gA;fpidg;
6
bgw;Ws;sjhFk
"
;"
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. 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
7
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;
"
gs;spg; gUtk; Kjy; Fkug; gUtk; bjhlA;Fk; tiu
FHe;ijapd; cly; tsh;r;rp Bjf;f epiyia milfpd;wJ.
mjidj;bjhlh;e;J Fkug;gUtj;jpy; cly; tsh;r;rpapy; mjpf
Btfk; fhzg;gLfpwJ.
"
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
8
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 contained in the textbook relied on by
the petitioner, the child achieves highest growth rate only in the age group of
0-2 years. Thus, I do not find any reason to disagree with the opinion of the
experts. Therefore, this contention is also rejected.
13. The next question is question No.71, which reads as follows;
9
"My favourite flower is _____ rose.
A) a B) the
C) an
D) this"
14. The key answer is option "B". According to the petitioner, option
"A" is the correct answer. This question pertains to English grammar. The
petitioner refers to a book of functional grammar, in which it is stated that
"The" is used before a noun that stands for a particular person or thing and no
article is used before the proper noun". Referring to the same, the learned
counsel for the petitioner would submit that none of the key answers is the
correct answer. But, the learned Special Government Pleader would submit
that to examine the said issue, an experts body of teachers by name
Ms.P.M.R.Kannika Parameswari, B.T. Assistant (English), CHSS, Virugambakkam,
Chennai, Ms.S.Santhi, B.T. Assistant (English), Government Girls Higher
Secondary School, Ashok Nagar, Chennai and Ms.P.Subbulakshmi, P.G. Assistant
(English), J.G.G.G.H.S.S., Virugambakkam, Chennai, was constituted. The
committee has examined the same and opined that the option "B" is the
correct answer. The reason given by the experts is as follows;
"My favourite flower" is confirmed and already
known. So the definite article "The should be used.
The correction option is "B" (The) only."
20
according to the petitioner, option "A" is the correct answer. In order to
substantiate the said contention, the learned counsel for the petitioner has
relied on a book titled "Education Psychology" (
fy;tp cstpay;
), which is a
textbook provided to Diploma in Teacher Education Course. Referring to the
statements found in the book in respect of Spatial preception, perceptual
speed, numerical ability, rote memory, reasoning ability and word fluency, the
learned counsel for the petitioner would submit that the option "A" is the
correct answer. According to him, unless one has got intellectual ability, it is
not possible to register the words and numbers. But, the learned Special
Government Pleader would submit that experts have given the reasons as
follows;
"Intellectual ability is related with accuracy"
Mechanical ability is related with ability
Spatial ability is related with the capacity to
visuvalize in multiple dimensions."
41.Thus, according to them, the Perceptual ability is the correct answer,
because the perceptual ability is the one which register the words and
numbers with speed and accuracy.
21
42.I do not find any reason to reject the experts opinion, as this Court is
not the expert in educational psychology. The book upon which the petitioner
makes reliance also does not support in full to the view that the option "A" is
the correct answer. Therefore, this challenge is rejected, as I agree with the
opinion of the experts.
43.The next challenge is to question No.27, which reads as follows;
"The person perceives things in their real
perspective, then they have ______ maturity.
A)Social
B) Behavioural
C)Emotional
D) Moral"
44. The key answer is option "C". But, according to the petitioner,
option "A" is the correct answer. In order to substantiate his contention, the
learned counsel relied on the some book viz., Education psychology. I have
gone through the same. There is nothing in the said book to substantiate the
contention that option "A" is the correct answer. What are all that is said in
the said book is that a person, who has got social maturity, will not only look
into the issues in the society, without any personal interest, but also look into
23
consequences of deforestation are destruction of wild animal habitats, loss of
forest health, soil erosion, loss of valuable plants, change of the rainy season,
etc. Referring to the same, the learned counsel would submit that option "A"
is the correct answer.
47.The learned Special Government Pleader would submit that in respect
of the above said issue, an experts body, consisting of Ms.K.Vennilla, P.G.
Assistant Botany, JGGGHSS, Choolaimedu, Chennai, Mr.N.Manjula, P.G. Assistant,
P.C.K.G.G.H.S.S., Chennai and Mr.K.Kalaiselvi, B.T.Assistant, G.G.Hr.Sec. School,
Ashok Nagar, Chennai, was constituted. They have opined that option
"C" (Soil erosion) is the correct answer. They have given the following reasons.
"Deforestation may destruct wild animals
habitats and loss of forest wealth. But the most
dangerous consequence is soil erosion. Because, in
natural forests the tree roots bind the soil and about
90% of the water falling on the forests. Deforestation
have been causing soil erosion and land slides also.
So, the most appropriate answer is soil erosion."
24
48. I have considered the above submissions.
49. Even, in the very same science book, upon which the learned counsel
for the petitioner made his reliance, it is stated that the destruction of wild
animal habitats, loss of forest wealth, soil erosion and loss of valuable plants,
etc. are all consequences of excessive deforestation. But, the question is
among these four, which is most dangerous consequence. The experts opined
that the soil erosion is the most dangerous. I do not find any reason to
disagree with the same. The petitioner has not produced any material to show
that the key answer is demonstrably wrong. Therefore, this challenge is also
rejected.
50.Thus, I do not find any infirmity in the key answers relating to any of
the questions under challenge in these writ petitions. All the writ petitions
deserve to be dismissed.
51.In the result, all these writ petitions are dismissed. Consequently,
connected miscellaneous petitions are also dismissed. No costs.
25
Index : Yes / No
13.11.2013
Internet: Yes / No
gcg
Note :
Issue order copy on
18.11.2013
To:
1.The 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.
3.The Teachers Recruitment Board,
rep. by its Chairman / Member
Secretary, D.P.I. Campus,
College Road,
Chennai- 600 006.
26
S.NAGAMUTHU,J
gcg
W.P.(MD)Nos.18223 to 18225
& 18286 of 2013
13.11.2013
27
S.
No.
Question
Result
W.P.No.
& Date & PA
1
"Main role in moral
development is
A)Attitude
B)Conscience
C)Mental Ability
D)Feelings"
Challenge is
rejected
W.P.(MD).No.
18223/2013,
etc. batch
13.11.2013
(gcg)
2
"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"
Challenge is rejected
W.P.(MD).No.
18223/2013,
etc. batch
13.11.2013
(gcg)
3
"My favourite flower is
_____ rose.
A) a B) the
C) an D) this"
Challenge is rejected
W.P.(MD).No.
18223/2013,
etc. batch
13.11.2013
(gcg)
28
S.
No.
Question
Result
W.P.No.
& Date & PA
4
"Emotional development
during childhood is more
susceptible to the influence of
A) Parents
B)Family Members
C) Friends
D) Teachers"
Challenge is rejected
W.P.(MD).No.
18223/2013,
etc. batch
13.11.2013
(gcg)
5
"Find out the animal(s)
which make the sound 'squeak'
A)Guinea Pigs
B)Hamsters
C)Tapirs
D)All of the above animals"
Challenge is rejected
W.P.(MD).No.
18223/2013,
etc. batch
13.11.2013
(gcg)
6
The first Minnesota
Multiphasic Personality
Inventory (MMPI) has
__________ items.
A) 120
B) 320
C) 550
D) 330"
Challenge is rejected
W.P.(MD).No.
18223/2013,
etc. batch
13.11.2013
(gcg)
7
"The ability to register
words and numbers with speed
and accuracy is
A) Intellectual ability
B) Perceptual ability
C)
Mechanical ability
D) Spatial
ability"
Challenge is rejected
W.P.(MD).No.
18223/2013,
etc. batch
13.11.2013
(gcg)

Source : http://judis.nic.in/judis_chennai/Judge_Result_Disp.asp?MyChk=63405