Madras High Court today dismissedpetitions seeking review of a December 2012 judgement in amatter related to appointment of computer instructors in TamilNadu Limited.
A division bench, comprising Justice N Paul Vasanthakumarand Justice K K Sasidharan, while dismissing the review petitions, said the petitioners had raised several grounds challenging the correctness of the judgement made in a writ appeal, "as if review is meant for hearing the writ plea."
The petitioners were appointed as computer instructors through Electronics Corporation of Tamil Nadu Limited. The state government took a policy decision to regularise their services as a onetime measure.
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The Teachers Recruitment Board conducted an exam on January 24, 2010 but the question paper contained questions which were out of syllabus following which a writ plea was filed for a declaration that the test was null and void.
The petitioners also prayed to hold another examination.The writ petition was dismissed by a single judge which was challenged by another writ appeal.
A Division Bench directed the Indian Institute of Technology to verify correctness of the key answers.
It reported that of 150 questions, 20 were out of syllabus. The TRB was then directed to reassess the marks taking 130 as the total questions. TRB reassessed the eligibility and declared those who have secured 65 marks out of 130 as eligible.
The contention made in the review petitions was that those who have made an attempt to answer 20 questions should have been given marks instead of deleting all such questions.
Rejecting their arguments, the present division bench said the petitioners under the guise of review, wanted to rehear the writ appeals.
The argument was already rejected by the bench which heard the appeal and petitioners wanted this court to sit in appeal over the related decision of the Division Bench and such exercise cannot be done by resorting to review jurisdiction, the bench said.
Dismissing the review pleas, the bench said the attemptnow is to consider the entire matter afresh on merits and such a course is not permissible in the sphere of review jurisdiction, adding, there is no merit in the review petitions.
