IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2014
CORAM:
THE HONOURABLE MR. JUSTICE S. NAGAMUTHU
W.P.No.29346 of 2013
and M.P.Nos.1 and 2 of 2013
K.Geetha
DATED: 03.07.2014
CORAM:
THE HONOURABLE MR. JUSTICE S. NAGAMUTHU
W.P.No.29346 of 2013
and M.P.Nos.1 and 2 of 2013
K.Geetha
The Chairman
Teachers Recruitment Board,
E.V.K.Sampath Maligai,
DPI Compound, College Road,
Chennai - 600 006. ... Respondent
Teachers Recruitment Board,
E.V.K.Sampath Maligai,
DPI Compound, College Road,
Chennai - 600 006. ... Respondent
Writ petition filed under Article 226 of the Constitution of India
praying for a Writ of Certiorarified mandamus, to call for the
Provisional Selection List for the direct recruitment for the Post of
Graduate Assistants in Government Higher Secondary Schools 2012-2013
for the subject of Physics on the file of the respondent and quash the
same as illegal and direct the respondent to evaluate and provide marks
for the entire 150 questions in the Written Examination dated 21.7.2013
conducted by the respondent and consequently allot correct marks for
the error in Question No.28 and consider the petitioner for recruitment
of Post Graduate Assistants (Physics) within the stipulated time by this
Honourable Court.
For Petitioner : Mr.R.Prabhakaran
For Respondent : Mr.D.Krishnakumar,
Special Government Pleader
For Petitioner : Mr.R.Prabhakaran
For Respondent : Mr.D.Krishnakumar,
Special Government Pleader
O R D E R
This writ petition has been listed before me as a specially ordered case on the orders of the Hon'ble Acting Chief Justice, dated 25.06.2014.
This writ petition has been listed before me as a specially ordered case on the orders of the Hon'ble Acting Chief Justice, dated 25.06.2014.
2. The petitioner had applied for the post of Post Graduate
Assistants/Physical Education Director Grade I for the Government Higher
Secondary Schools 2012-2013 and attended the examination conducted on
21.07.2013. Her Roll Number is 13PG13040616. The question papers were in
four series. The questions were of objective type. The petitioner was
supplied with 'B ' series question paper. She has secured 96 marks.
Challenging the key answer in respect of question No. 28 in "B" Series,
the petitioner is before this Court with this writ petition.
3. I have heard the learned counsel appearing for the petitioner and the
learned Special Government Pleader appearing for the respondent. I have
also perused the records carefully.
4. Question No.28 in 'B' series reads as follows:-
Q.No.28. Fermi Selection rule for B-transition to occur is
(A) ?I=0 ; ?P=0 (B) ?I=+1 ; ?P=0
(C) ?I=-1 ; ?P=0 (D) ?I=+1 ; ?P=0
Q.No.28. Fermi Selection rule for B-transition to occur is
(A) ?I=0 ; ?P=0 (B) ?I=+1 ; ?P=0
(C) ?I=-1 ; ?P=0 (D) ?I=+1 ; ?P=0
5. According to the key answer Option 'D' is the right answer and thus
TRB has decided to give marks to those candidates who have chosen option
'D' as the right answer. But, according to the petitioner, option 'A'
is the right answer.
6. Today, three experts in the Physics subject are present before this
Court who are (1) Dr.A.Subbiah Pandi, Associate Professor, Department of
Physics, Presidency College, Chennai, (2) Dr.K.Chitra, Associate
Professor, Department of Physics, Bharathi Women's College, Chennai and
(3) Dr.B.Uma Maheswari, Associate Professor, Department of Physics,
Bharathi Women's College, Chennai. This Court had the benefit of hearing
them also.
7. According to the experts, the question relates to selection rules in
beta processes. For beta transition to occur initial and final states
of the nucleus are supposed to satisfy certain definite conditions. The
conditions to be satisfied are related with the conservation of angular
momentum and parity and are called selection rules for allowed
transitions. The selection rules have been classified as Fermi
selection rule and Gamow Teller selection rule.
8. It is the admitted case of the petitioner as well as the experts that
in Fermi Selection Rule, it includes those transitions in which neither
the angular momentum nor the parity undergoes a change, i.e., ?I=0 and
?P=0. Here 'I' refers to for angular momentum and 'P' refers to
parity. From the text book and the submissions made by the experts it
is seen that if electron and neutrino are emitted with their intrinsic
spins anti-parallel (singlet state), the change in nuclear spin ?I must
be strictly zero, if these are emitted with their spins parallel
(triplet state), ?I may be +1, 0 or -1 (but no Ii=0 to If=0), where
subscripts 'i' and 'f' refer to the initial and final nuclear states.
The former selection rule was one originally proposed by Fermi, the
latter was subsequently suggested by Gamow and Teller. The experts
would say that in the question it is not specified whether the electron
and neutrino are emitted with their intrinsic spins anti-parallel
(singlet state) or spins parallel (triplet state). So, the experts
would submit that if the question specifically refers to singlet state
then certainly option 'A' is the right answer and if the question refers
to triplet state then ?I may be +1 or 0 or -1, in which case, options
'B', 'C' and 'D' are all right answers.
9. As I have understood, as explained by the experts, in case of singlet
state ?I must be zero but in the case of triplet state ?I shall be
either +1, 0 or -1. The question whether fermi selection rule applies
to singlet state and not to triplet state has to be decided based on the
opinion offered by the three experts before me, who would state that
Fermi Selection Rule relates both the singlet state and well as triplet
state.
10. But in this case, since it is not specifically mentioned as to
whether the question refers to singlet state or triplet state, all the
four options are correct answer. The experts have placed some
authoritative books in support of their opinion.
11. But the petitioner would say that Fermi Selection Rule refers only
to singlet state and not to triplet state. She would further state that
if it is triplet state i.e. allowed transition, then it must be Gamow
and Teller Selection Rule. The petitioner would also rely on standard
text books in support of her contention.
12. In my considered opinion, when three experts who are very seasoned
experienced professors, based on authoritative text books would state
before this Court that in the absence of specific mention as to whether
the question refers to singlet state or triplet state all the four
answers may be awarded marks, I have to necessarily agree with them.
13. In such view of the matter, the TRB is directed to award mark to all
the candidates who have answered either option 'A' or 'B' or 'C' or 'D'
as right answer. This direction is applicable to all the candidates
and therefore TRB shall revalue the physics paper by awarding mark to
this question.
14. At this juncture, I have to say that the power of this Court to
interfere with the decision of experts in respect of key answers has
been elaborately dealt with in a number of judgments of the Hon'ble
Supreme Court, about which, I need not elaborate. I deem it suffice to
refer to the judgment of the Hon'ble Supreme Court in Kanpur University
Vs. Samir Gupta, reported in 1983 (4) SCC 309, wherein, the Hon'ble
Supreme Court has held that if the key answer is demonstrably wrong,
then only this Court has got power to interfere with the same. Applying
the said decision, we have to examine this case as to whether the key
answer set by the respondent is demonstrably wrong. Here, in this case,
the petitioner is not able to demonstrate that the key answer
pertaining to question No.28 is wrong.
15. Similarly, the petitioner has challenged the omission of the
Question Nos.26, 34, 51, 76, 128, 131 in "B" Series. But the petitioner
is not able to demonstrate that the decision of TRB is wrong.
16. In view of all the above, the writ petition is disposed directing
the TRB to award mark to all the candidates who have answered either
option 'A' or 'B' or 'C' or 'D' as right answer for Question No.28 in
'B' series. This direction is applicable to all the candidates and
therefore TRB shall revalue the physics paper by awarding mark to this
question. The interim order already granted is hereby vacated.
Consequently, the connected miscellaneous petitions are closed. No
costs.
03.07.2014
Index: Yes
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03.07.2014
Index: Yes
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NOTE: Issue order copy on 15.07.2014.
To
The Chairman
Teachers Recruitment Board,
E.V.K.Sampath Maligai,
DPI Compound, College Road,
Chennai - 600 006.
Teachers Recruitment Board,
E.V.K.Sampath Maligai,
DPI Compound, College Road,
Chennai - 600 006.
S.NAGAMUTHU.J.,
svki
svki
W.P.No.29346 of 2013
and M.P.Nos.1 and 2 of 2013
and M.P.Nos.1 and 2 of 2013
03.07.2014
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