Paragraph numbers below are the court’s original numbering, recovered from the source text.
11. We had heard the learned counsel at length and had also considered the judgments cited by them.
12. Upon hearing the learned counsel and considering the facts of the case, in our opinion, the impugned judgment is just and proper and does not deserve any interference.
13. It is an admitted fact that serious irregularities had been committed by the candidates in their answer books. If one looks c at the instructions, which had been given to the candidates for writing the answer books, it is clear that they had been informed in unequivocal terms that they had to use only blue, blue-black or black ink and they were supposed to use only fountain pen, steel pen or ballpoint pen. In spite of the said instructions, o several candidates had used sketch pens, pencils and pens or pencils with different colours. Use of different colours or pencil could have given some indication to the examiner about the identity of the candidate. These facts clearly show that either the candidates were absolutely careless or they wanted to give some indication with regard to themselves to the examiner. If a candidate writes his answer book giving some indication with regard to himself with the help of a different ink or pencil – other than the prescribed writing instrument and the colour of ink, one can definitely presume that the candidate did not act in a bona fide manner.
14. There was a specific direction that the candidates had to start writing the answer books from the first page and no page should be left blank. In spite of the said clear instruction, several candidates kept several pages blank and what is most G astonishing is that some of the candidates, after keeping the entire page blank i.~. without answering the question had written some irrelevant words or names. As for example, in one case on the entire page 'MANI' was written. This is nothing but (2014] 8 S.C.R. some indication to the examiner, which is definitely not permitted.
15. Many of the candidates had given some indication with regard to some religion by writing the words or signs connected with a particular religion. A candidate is not supposed to give his identity or any indication with regard to hirnself in the answer books. If he does so, he is violating the instructions given to him which would amount to nothing but misconduct.
16. In all competitive examinations, an effort. is always · C · made to see that the answer books are examined impartially and without any bias. An effort is always made to see that identity of the candidate is not revealed to the person examining the answer books so as to see that the identity i.e. the name or roll number of the candidate is not revealed. A code number D ·is given to each answer book. The roll number given to the candidate is normally replaced by another number so that even the examiner may not know the correct roll number of the candidate. This is done so as to remove the possibility of giving any indication by anyone to the examiner about the identity of the candidate. Upon completion of the examination work, original rdll number of the candidate is put on the answer book or on the sheet prepared for the purpose of assigning marks, but in arif case, the examiners are not permitted to know anything about the candidate or his identity.
17. If the candidates start giving indications with regard to themselves by writing their name or some code word or some indication with an intention to cc;mvey the same to an examiner: so that he may have some undye favour, is a thing which is not approved. If such an attempt is permitted to be made, sanctity of the examinatior-i work would not be maintained. The entire object behind giving code number etc. would be frustrated if all these things are permitted or tolerated.
18. Normally, a straightforward candidate, .who does not want to indulge in any malpractice, would never make any effort SECRETARY, TAMIL NADU PUBLIC SERVICE COMM. v. A.B. NATARAJAN [ANIL R. DAVE, J.] to reveal his identity or make any special marking in his answer A book. The purpose behind doing something abnormal or something which is not permitted, can be said to be an indication to the exar;niner about the identity of the candidate. Such an action on the part of the candidate cannot be tolerated if one wants clean, fair and transparent process of selection.
19. In the instant case, it is an admitted fact that there were serious violations of the instructions given to the candidates while answering the questions. Although all these details were placed before the learned Single Judge, the learned Single C Judge did not give importance to these irregularities and dismissed the petitions, but when the appeals were filed, in our opinion, the Division Bench of the High Court rightly understood the importance of such irregularities and allowed the appeals by setting aside the selection of the candidates who had committed such irregularities while writing their answer books. We are of the view that if such a strict view is not taken by a constitutional body which has been entrusted with the work of selecting best candidates, the entire purpose behind having the Commission or any other such body for examining merit of candidates would be frustrated. We are, therefore, of the view E ttiat the appellate Court was absolutely justified in allowing the appeals and by holding that all those candidates who had committed material irregularities could not be declared selected.,
20. Several allegations had been made with-regard to the procedural aspect. It had been submitted that all the selected candidates had not been joined as respondents and even the State of Tamil Nadu had not been joined as a respondent initially. Initially only one petition had been filed when the result had not been declared and it was also not possible for the G petitioners to join all selected candidates. Subsequently, an advertisement had been given in the newspapers giving indication about the pendency of the petition so as to enable the selected candidates to appear before the Court. Moreover, the appointment letters gave an indication of the fact that a litigation challenging their appointment was pending in the High Court. In spite of the aforesaid fact being stated in the appointment order and the advertisement, if selected candidates did not bother to appear before the Court, by no stretch of imagination, it can be said that the selected candidates were not given an opportunity to represent their case. V'{e, therefore, do not find any substance in the allegations with regard to non-joinder of selected candidates or even the State of Tamil Nadu. c
21. The candidates who had applied for Class-I post, if selected, were to be Class-I Officers of the State of Tamil Nadu. Not following the instructions given to them while appearing in the examination, which had been conducted for their selection, would either mean that they were so careless that they did not read or bother about the instructions to be followed or they wanted to give some indication to the examiner about their identity. In either case, such a candidate can not be selected. A candidate, who is so careless that he does not bother about his own interest, cannot be expected to become a good officer. Interest of the candidate is to get through the examination and for that purpose he has to follow the instructions. By not following the instructions, he does not take care of his own interest. So, if he has written the answer books carelessly without bothering about the instructions given to him, he is a careless person who must not be appointed as an officer and if he has done it deliberately, then also he should not be appointed as an officer because one who plans such illegalities even before joining his service, cannot be expected to become a fair and straightforward officer. So, in either case, such a candidate G cannot be selected for appointment as an officer and that. too a Class-I Officer of any State.
22. For the reasons recorded hereinabove, we are of the view that the Division Bench of the High Court was justified in SECRETARY, TAMIL NADU PUBLIC SERVICE COMM. v. A.B. NATARAJAN [ANIL R. DAVE, J.] delivering the impugned common judgment. The law propounded in the judgments referred to by the counsel for the appellants cannot be disputed, but looking at the facts of the instant case, we are of the view that the said judgments would be of no help to them.
23. In the circumstances, the appeals are dismissed with no order as to costs. Nidhi Jain Appeals dismissed.