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2019 (3) TMI 2044 - HC - Indian LawsCancellation of competitive examination conducted for appointment to the post of Lecturers in various disciplines in the Government Polytechnic Colleges - mal-practices committed by the outsourcing agency, entrusted with the work of evaluation, by using the scanned images of the OMR Sheets - tampering - HELD THAT:- The Board without doing any kind of homework or detailed study to decide as to whether it would be possible to segregate the tainted candidates from the non-tainted ones, cancelled the examination and the very selection to the detriment of those who were not in any way responsible for tampering with the scanned copies of the OMR Sheets. We are of the considered view that the learned single Judge at the Madurai Bench was correct in the finding that the Board should have segregated the tainted candidates from non-tainted candidates and proceeded with the selection process, instead of cancelling the entire examination. The learned Single Judge at the Principal Bench was not justified in taking a view contrary to the view taken by a Coordinate Bench in the very same subject matter. The order passed by the learned single Judge at the Madurai Bench confirmed - the notification issued by the Teacher's Recruitment Board pursuant to the decision taken on 8 February 2018 for cancelling the examination conducted on 16 September 2017 on the basis of the notification No. 06/17 dated 28 July 2017 is quashed. Appeal allowed.
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