Lapses in cooperative written test curable, says Madras High Court

July 30, 2014 11:59 am | Updated 11:59 am IST - CHENNAI:

The Madras High Court has directed the authorities to publish the marks of all candidates who sat for the written examination to fill 3,589 vacancies for assistants in various cooperative institutions subsequent to a November 2012 notification.

The cut-off mark and the key answers for the examination should also be published, the court said.

The First Bench, of the then Acting Chief Justice, Satish K.Agnihotri, and Justice M.M. Sundresh, passed the order on a batch of appeals filed by candidates who were selected through the written test.

The appeals challenged a single judge order quashing the notification and directing the authorities to issue a fresh one indicating the vacancies as on date and call for applications. The judge had said there were serious irregularities in the selection process.

The appellants contended that if there were curable defects, there was no necessity to re-do the exercise in its entirety. There was no allegation of mala fides in the conduct of the examination.

The authorities said they had accepted the single judge’s order. The anomalies he had pointed out would be rectified.

Allowing the appeals, the Bench said that from the date of notification till the disposal of the case by a single judge, the authorities had supported the notification. There were no mala fides established in the conduct of the written test. The irregularities, even if they were proved correct, were not fundamental, but only procedural and curable.

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