Madras High Court
WA/3543/2023 of D.SWATHY Vs THE MEMBER SECRETARY on 1 September 2026
W.A.NO.3543 OF 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2026
CORAM
THE HON’BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON’BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
W.A.NO.3543 OF 2023
AND
CMP NO.28959 OF 2023
D.Swathy
…
Appellant
Vs.
The Member Secretary
Teachers Recruitment Board
EVK Sampath Maaligai,
4th Floor, DPI Compound,
Chennai – 600 006.
…
Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 09.10.2023 passed in W.P.No.26510
of 2022.
For Appellant
:
Mr.Harshavarthan, G.
for Mr.Sharath Chandran, E.
For Respondent :
Mr.C.Kathiravan (for TRB)
W.A.NO.3543 OF 2023
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J U D G M E N T
(Judgment of the Court was made by S.M.Subramaniam, J.) The writ petitioner is the appellant before this Court. The appellant filed a Writ of Mandamus directing the respondents to give three (3) marks for the correct answers given to the Question Nos.75, 123 and140 of the petitioner’s response sheet and include the name of the petitioner in the final select list for appointment to the post of Post Graduate Assistant (English) in School Education Department, for the year 2020-2021.
2. A recruitment notification was issued on 09.09.2021 for selection and appointment to the post of Post Graduate Assistant (English). The appellant participated in the selection process but was unsuccessful. Since she was not within the zone of consideration, her name was not included in the select list. She filed a writ petition stating that she had written correct answers for Question Nos.75, 123 and 140. The writ court has directed the Teachers Recruitment Board to produce the Experts opinion justifying the key answers. Accordingly, the Board submitted the Experts opinion justifying the key answers and the writ
W.A.NO.3543 OF 2023
Court considered the same and dismissed the writ petition. The Writ Court relied on the judgments of the Hon’ble Supreme Court of India holding that the opinion of an Expert Body cannot be substituted by the High Court in exercise of its power of judicial review. Any contrary opinion, in the absence of patent illegality, is undesirable.
3. In the present case, the Writ Court directed the Board to produce the Experts opinion and on perusal of the same, formed an opinion that the relief, as such, sought for cannot be granted and consequently rejected the writ petition. The principles followed by the Writ Court are in consonance with the judgments of the Hon’ble Supreme Court of India and more so, the High Court cannot substitute the views of the Experts opinion, which became final. Thus, there is no acceptable ground to interfere with the impugned writ order. Consequently, the writ appeal is dismissed. No costs. Consequently, connected civil miscellaneous petition is closed. [S.M.S., J.] [K.G.R., J.]
01.09.2026 Index : Yes / No Speaking Order : Yes / No Neutral Citation : Yes / No TK
W.A.NO.3543 OF 2023
S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. TK To The Member Secretary Teachers Recruitment Board EVK Sampath Maaligai, 4th Floor, DPI Compound, Chennai – 600 006. W.A.NO.3543 OF 2023 01.09.2026