SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION versus A.B. NATARAJAN & ORS. ETC.

Citation: [2014] 8 S.C.R. 32 · Decided: 30-06-2014 · Supreme Court of India · Bench: ANIL R. DAVE · Disposal: Dismissed

Judgment (excerpt)

A 
B 
[2014] 8 S.C.R. 32 
SECRETARY, TAMIL NADU PUBLIC SERVICE 
COMMISSION 
v. 
A.B. NATARAJAN & ORS. ETC. 
(Civil Appeal Nos.5877-5878 of 2014) 
JUNE 30, 2014 
[ANIL R. DAVE AND DIPAK MISRA, JJ.] 
Service Law - Selection/ appointment - Posts for Group I 
C 
Service - A/legations that the candidates indulged in 
malpractice and grossly violated the instructions given in the 
question paper - Writ petition by respondent who had not 
made to the list of appointee, dismissed by the Single Judge 
of the High Court - However, appellate court set aside the 
D selection - Justification of - Held: Appellate Court justified by 
holding that all those candidates who had committed material 
irregularities could not be declared selected - Candidates 
committed serious irregularities in their answer books - By not 
following the instructions they did not act in a bona fide manner 
E - Violating instructions amounted to misconduct - Giving 
indication to the examiner about the identity of the candidate 
·by writing their name, code or sign of religion cannot be 
permitted if one wants clean, fair and transparent process of 
selection - A/so it would mean that the candidate was so 
F 
careless that he did not read or bother about the instructions 
- Such candidate cannot be expected to be a good officer that 
too Class I officer - As regards, allegation with regard to non-
joinder of selected candidates or even the State there is no 
substance. 
G 
H 
The Tamil Nadu Public Service Commission invited 
applications for direct recruitment to Group I Services. 
After examination and interview, a final select list was 
prepared. The applicants who could not make it to the final 
32 
SECRETARY, TAMIL NADU PUBLIC SERVICE 
33 
COMM. v. A.B. NATARAJAN 
select list, filed writ petitions alleging certain irregularities 
and malpractice in the conduct of examination .. The Single 
Judge of the High Court dismissed the petitions. The 
appellate court held that there were material irregularities 
committed by the candidates while answering the 
questions by violating the instructions given to the 
candidates. The Division Bench allowed the appeals and 
directed that the final list prepared by the Commission be 
modified. Hence, the instant appeals. 
Dismissing the appeals, the Court 
HELD: 1.1. Serious irregularities had been committed 
by the candidates in their answer books. If one looks 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, 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 ta 
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. [Para 13] [41-C-F] 
1.2. 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 astonishing is that some of the 
A 
B 
c 
D 
E 
F 
G 
H 
34 
SUPREME COURT REPORTS 
[2014] 8 S.C.R. 
A candidates, after keeping the entire page blank i.e. 
without answering the question had written some 
irrelevant words or names. [Para 14] [41-F-G] 
1.3. Many of the candidates had given some 
8 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 himself in the answer books. If 
he does so, he is violating the instructions given to him 
C which would amount to nothing but misconduct. [Para 15] 
[42-B] 
1.4. In all competitive examinations, an effort is 
always made to see that the answer books are examined 
impartially and without any bias. An effort is always made 
D to see that ident

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