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Judgment
S. Nagamuthu, J.—In these writ petitions, the petitioners have appeared in the Tamil Nadu Teachers Eligibility Test (TNTET) - 2013. They
have supplied with different series of question booklets in Paper II. Now, they have come forward with these writ petitions, challenging the final
key answers relating to certain questions. I have heard the learned counsel for the petitioners and the learned Special Government Pleader
appearing for the respondents. I have also perused the records carefully.
It has been held by the Hon''ble Supreme Court in Kanpur University and Others Vs. Samir Gupta and Others, , that since this Court is not an
expert in the subject relating to the examinations, this court should not ordinarily interfere with the key answers set by the paper setter, unless the
petitioner, who challenges the key answer, is able to demonstrate that the key answer is the wrong answer. Keeping in mind the above principle,
let us now examine the challenges made to the key answers in the present writ petitions.
W.P. (MD) No. 18394 of 2013:
In this writ petition, the petitioner challenges the key answers relating to question Nos. 7, 25, 13, 23, 15, 9, 120, 138, 35, 74, 69, 90 and 79 in
C"" series question booklet, in paper II.
When this matter was taken up today, the learned counsel brought to my notice that the challenges made to these questions, except the question
No. 25, were all considered in different writ petitions and this Court passed orders, rejecting the challenges. Thus, the key answer for these
questions have been confirmed, except the question No. 25. Now, let us examine question No. 25.
Question No. 25 reads as follows;
The number of types of counselling is
A) 3 B) 2 C) 1 D) 5
According to the key answer, option ""A"" is the right answer, whereas, according to the petitioner, no answer is the right answer. According to
the petitioner, there are 4 types of counselling. Since 4 is not given as one of the options, the question itself is wrong, the learned counsel
contended. In order to resolve the above dispute, the Teachers Recruitment Board has engaged a committee of experts by name Dr. S. Prabu
Shankar, Assistant Professor of Education, Institute of Advanced Study in Education, Saidapet, Chennai, Ms. A. Noorjahan, Associate Professor
of Education, Lady Willingdon IASE, Chennai and Dr. A. Radhamani, Assistant Professor of Education, Lady Willingdon IASE, Chennai. They
have opined that the option ""A"" is the right answer. They have given the following reasons:
We reject the candidate''s representation
Option A: 3 is the correct answer.
The 3 types of counselling are:
Directive counselling
Non-directive counselling
Eclectic counselling
The learned counsel for the petitioner would seriously dispute about the opinion of the experts. According to the learned counsel, there are four
types of counselling and three types of approaches of counselling. The learned counsel would rely on a book titled ''Essentials of Educational
Psychology'', authored by one S.K. Mangal, which is admittedly a standard book in Educational Psychology. In the said book, at page 605, it is
stated as follows;
Types of Counselling:
In schools, teachers as well as trained counselors try to provide various types of counselling to the students depending upon the nature of their
problems, needs and situations. The four main types of such counselling may be named and described as follows;
(a) Emergency counselling;
(b) Problem Solving or Curative counselling;
(c) Preventive counselling; and
(d) Developmental or Formative counselling.
In page No. 606, it is stated as follows;
Approaches of counselling:
counselling may take a particular form, shape or style, known as approaches of counselling, depending upon the relative roles of the counselor and
counselee, the need and objectives of such counselling and the facilities, situations or environment prevalent at the time of counselling. Mainly there
are three approaches of counselling named as below;
(1) Directive counselling;
(2) Non-Directive counselling; and
(3) Eclectic counselling.
Referring to the above, the learned counsel for the petitioner would submit that the opinion offered by the experts cannot be unhesitatingly
accepted, because Directive counselling, Non-directive counselling and Eclectic counselling are all approaches of counselling and not types of
counselling.
The experts, who are present before this Court, tacitly admitted that the ''Essentials of Educational Psychology'' book, authored by S.K.
Mangal is a standard book in Educational Psychology. As a matter of fact, this book has been referred to by the very same experts, when the
challenges, relating to the other questions, have been dealt with by this Court. But, the experts would say that there are other standard books,
which are equally standards, wherein it is stated that the types of counselling are only three types. The experts would rely on a book titled
Guidance and Counselling, authored by Dr. Kiruba Charles. In the said book at page No. 27, it is stated as follows;
Types of counselling:
counselling may address non educational issues or even non counselling concerns. Counselling should be seen as a service provided to normal
individuals to assists them, remove or cope with frustrations and obstacles that interfere with their development. There are three types of
counselling (a) Directive counselling (b) Non-directive counselling (c) Eclectic counselling.
The experts have relied on yet another book titled ''Psychology of Learning'', authored by Dr. Manivannan. In the first edition of the said book,
in Page 248 it is stated as follows;
Types of counselling:
Counselling can be divided mainly into three types. They are (a) Directive or Prescriptive or counsellor centered counselling (b) Non-directive or
permissible or Centered counselling (c) Eclectic counselling.
The experts further relied on a book titled, ''Advanced Educational Psychology'', authored by one Dr. R.N. Sharma, wherein it is stated as
follows.
The theories of counselling - schools of thought in counselling (1) Directive counselling (2) Non directive counselling and (c) Eclectic counselling.
According to the above book, directive counselling, non-directive counselling and eclectic counselling have not been stated either as types of
counselling or approaches of counselling, instead those three have been described as the theories of counselling.
The experts have relied on yet another book titled ''Psychology of Learning and Human Development'', authored by one Prof. K. Nagarajan
and Prof. R. Srinivasan. In the third edition of the book, at page 391, it is stated as follows:
Types of counselling:
There are two techniques of counselling. (i) Individual counselling (ii) Group counselling. In the individual counselling three types of counselling are
in vogue. There are (i) Directive counselling (ii) Non directive (client centered) counselling and (iii) Eclectic approach in counselling.
Referring to the above books, the experts would say that there are only three types of counselling. The Special Government Pleader would
submit that since three experts, who are present before this Court, have opined that the option ""A"" is the right answer, which is duly supported by
number of books, authored by eminent authors, the key answers should be accepted to be the correct one.
Applying the principle laid down by the Hon''ble Supreme Court in Kanpur University case, cited supra, let us have a look into the question as
well as the dispute. We have already pointed out that the question relates to types of counselling. The book titled ''Essentials of Educational
Psychology'', is admittedly a standard book, authored by an eminent author in the field of Educational Psychology. This fact is not disputed by the
experts, who are present before this Court. They have tacitly admitted before this Court that in the said book, the author said that there are four
types of counselling and three types of approaches. Directive counselling, Non-directive counselling and Eclectic counselling have been described
as approaches of counselling and not as types of counselling. Therefore, I do not find any reason to reject the contention of the petitioner that there
are four types of counselling and so, the question itself is wrong.
Turning to the opinion offered by the experts, based on the other standard books placed before me, it is seen that directive counselling, non-
directive counselling and eclectic counselling have been descried as types of counselling in the said books.
From the above, one thing is now certain that there is confusion even among the experts as to whether there are four types of counselling or
three types of counselling. As I have already pointed out, according to S.K. Mangal, who is an eminent author, there are four types of counselling,
whereas, according to the other authors, there are only three types of counselling. Simply because the number of authors have stated that there are
only three types of counselling, we cannot accept the said opinion, rejecting the statement made in the book, authored by S.K. Mangal.
From the above, it is crystal clear that if a candidate has studied the book, authored by S.K. Mangal, he would have expected an option
having four types of counselling to choose as the right answer. For having studied the standard book viz., ""Essentials of Educational Psychology"",
authored by S.K. Mangal, the candidates cannot be penalized. The candidates, who have studied other books, would have answered option ""A
as the right answer. They cannot be kept in advantageous position over the candidate, who have studied the book authored by S.K. Mangal. If
four types"" is mentioned as one of the options, this Court would have ordered the respondents to award marks for both the options for the
candidates, who have answered 3 types of counselling as well as for the candidates, who have answered 4 types of counselling, as the right
answer. But, since ""four types"" is not given as option, this question cannot be allowed to be valued. In my considered opinion, the best course is to
direct the respondents to omit this question from valuation and to award mark for all the candidates for this question.
In the result, this writ petition is partly allowed in the following terms.
(a) The challenge made to question No. 25 is sustained and the respondents are directed to omit this question from valuation and to award mark
for all the candidates, since the question itself is wrong.
(b) The challenges made to other questions viz., 7, 13, 23, 15, 9, 120, 138, 35, 74, 69, 90 and 79 are rejected.
Consequently, connected miscellaneous petitions are also dismissed. No costs.
W.P. (MD) No. 18430 of 2013:
In this writ petition, the petitioner was supplied with ""C"" series question booklet in Paper II. She has challenged the key answers relating to
question Nos. 8 and 14 in ""C"" series question booklet.
The question No. 8 reads as follows;
If we track the proficiency achieved by a student for about 6 months, who learns drawing then the obtained learning curve is:
A) Positive curve
B) ''S'' typed Curve
C) Bell shaped curve
D) Negative curve
The key answer is option ""B"". According to the petitioner, option ""A"" is the right answer. In order to resolve the above dispute, an expert body
consisting of Dr. S. Prabu Shankar, Assistant Professor of Education, Institute of Advanced Study in Education, Saidapet, Chennai, Mrs. A.
Noorjahan, Associate Professor of Education, Lady Willingdon IASE, Chennai and Dr. A. Radhamani, Assistant Professor of Education, Lady
Willingdon IASE, Chennai, was constituted. They have opined as follows;
We reject the candidate''s representation.
Option: B, ''S'' type curve is the correct answer.
Candidate''s representation that this question is ''Out of Syllabus'' is baseless and this question is well within the prescribed syllabi framework and
question is taken from the Learning chapter of Educational Psychology.
Other options A, C and D are all incorrect because option B: ''S''-type curve; when the learning is observed over a longer period of time, then the
resultant curve is ''S'' type curve. Hence, we reject the candidate''s representation.
Today, Dr. S. Prabhu Sankar, Assistant Professor of Education, Government Institute of Advanced Study in Education, is present before this
Court, along with Dr. J. Jayachithra, Lecturer in Physical Science, Yadava College of Education, Madurai. They have given the following opinion.
Candidates representation may be rejected because, ''Positive Curve'' or ''Positively accelerated curves'' are obtained when learning of simple
things are involved (reference Kuppusamy B(2002). Advanced Educational Psychology. Sterling Publishers Pvt. Ltd., New Delhi. Page Nos. 119,
120, 121). If we have to memorise short series of numbers, it may take us some trials to do so. With each trial we memorize, more words. After
some time, there is nothing left to memorize. A curve plotted for such a task will be positively accelerated.
Proficiency may not be achieved overnight, there will be a series of process (Spurt, lag, plateau, fall, etc. of the learning curves) occur through the
stages of achieving proficiency; hence the curve achieved of these process will be the ''S'' type of learning curve.
The context is very clear and the candidates representation for the above question is incorrect. Any general texts on psychology will give a clear
picture of the type of learning curve to the context of the question and the answer presented by the TRB.
Option B: ''S'' typed curve is the correct answer.
Candidates representation of Option A. Positive curve may be summarily rejected.
The learned counsel for the petitioner would submit that Dr. J. Jayachithra, who is a Lecturer in Physical Science, is not an expert in
psychology. Therefore, her opinion cannot be given weightage. He would point out that she has got B.Sc. degree in Physics M.Sc. degree in
Physics and B.Ed. and M.Ed. degrees. She has studied only psychology in B.Ed. and M.Ed. courses and therefore, she cannot be claimed to be
an educational expert in Psychology. The fact remains that she does not have degree, either under the graduate degree or post graduate degree, in
psychology. Therefore, it is difficult to accept her as an expert in Educational Psychology.
Now, it is stated before this Court by Dr. Prabu Sankar that when learning of simple things is involved, always the graph obtained is positive.
For this, he would refer to a book titled ""Psychology of Learning and Human Development"", authored by Prof. K. Nagarajan and Prof. R.
Srinivasan. In the said book, in page 166 it is stated as follows;
Positively accelerated curves are obtained when learning simple tasks like memorising a list of words or tasks involving motor skills like typing,
arranging match sticks in wooden frames, threading of beads etc. In such curves, it could be noticed that the gain in performance is small in the
beginning but increases with time.
Further, in page No. 167 it is stated as follows;
When there are ups and downs in the rate of learning, it yields a learning curve which resembles the shape of the English Letter ''S''. For example, if
we track the proficiency achieved by a student for about 10 months who learns typewriting, then the curve drawn from the obtained data will be
''S'' type curve.
Referring to the same, the experts would submit that it all depends upon the nature of the things, which are learnt. If the things, which are learnt,
are simple in nature, always it is positive, whereas if the things, which are learnt, are tough in nature, then it is ''S'' type curve. But, the learned
counsel for the petitioner would submit that it all depends upon the duration of learning also. According to him, the learning of any skill initially will
always be positive. In due course, when perfection is sought to be achieved, the learner may show some stagnation in the learning process. As a
result, the graph will show plateau curve. Then, again the learner will learn fast. Therefore, the resultant graph would be ''S'' type.
The learned counsel for the petitioner has produced the opinion offered by one Dr. Annaraja, Associate Professor, St. Savior Arts College,
Palayamkottai, Tirunelveli District, wherein he has stated that option ""A"" is the right answer.
I have considered the above submissions.
Now, there are conflicting views placed before this Court by two different experts. I have gone through the textbooks referred to by the
experts as well as by the learned counsel for the petitioner. I do not find any difficulty in understanding the subject with a little effort. It has also
been explained by the experts, who are present before this Court, that the learning any skill during initial period will always be positive. Therefore,
initially curve will be upwards. But, when perfection is sought to be achieved, learning process will become hard and there will be stagnation in the
learning process. As a result, the curve will be plateau. After difficulties are overcome, the learner will start learning fast. Then, the curve will be
upwards. As a result, the ultimate curve will be obtained as ''S'' type. In this regard, there is no difficulty in understanding.
The two main factors, which are involved in deciding the nature of the curve, are (i) as to whether the learning subject is a simple subject or a
hard subject. The experts would explain to me that memorising a simple ward is simple skill, whereas learning of typewriting is also simple during
initial period, but, in course of time, when perfection is sought to be achieved, it will become hard. Now, the question is whether the drawing is a
simple learning or a hard learning. The experts are not able to place any material by way of standard books or any research paper to show that
drawing is a hard learning and not a simple learning. When this basic question could not be answered beyond any doubt, I am unable to accept the
opinion of the experts that the learning of drawing will always result in ''S'' type of learning curve.
Secondly, the duration of learning is an another factor, which plays a vital role. As it is stated before me by experts, during the initial period of
learning, any learning will be simple and therefore, it will always be positive. As I have already pointed out, in course of time, when perfection is
sought to be achieved by making more learning, there will be stagnation in learning process, resulting in plateau curve.
Here, in this question, the duration of learning has been mentioned as six months. It is not shown to me by means of any authoritative book that
whether within the period of six months, the learning of drawing will be positive or within the period of six months there will be more stagnation
showing the graph as plateau. If time duration of six months is not given, certainly there would be no difficulty for this Court to agree with the
experts to hold that the curve will be ''S'' type curve. Since time has been limited to six months and since it is not explained beyond doubt as to
whether the learning of drawing, within the time of six months, will show positive curve or as ''S'' type curve, it is not possible for this Court to
accept the opinion of the experts. As has been held in the Kanpur University case, cited supra, the Court should begin with the initial presumption
that the key answer set by the paper setter is the right answer. In this case, that is what I have done actually. Though I started with this initial
presumption that the option ""A"" is the right answer, the learned counsel for the petitioner found it easy to demonstrate before me that the key
answer is not the right answer. He relies on the standard book titled ''Psychology of Learning and Human Development'', authored by Prof. K.
Nagarajan and Prof. R. Srinivasan, which is not disputed by the experts and also the opinion offered by yet another expert. In these circumstances,
in my considered opinion, the initial presumption stands rebutted. As a result, it is not clear to this Court as to whether the option ""A"" is the right
answer or ""B"" is the right answer. Therefore, I am of the view that it would be in the interest of justice to direct the respondents to give one mark
for the candidate, who have answered either option ""A"" or option ""B"" as the right answer.
The next challenge is to question No. 14, which reads as follows;
Language or Word is not necessary for
A) Imaginative Thinking
B) Conceptual Thinking
C) Associative Thinking
D) Perceptual Thinking
The key answer is option ""D"". According to the petitioner, option ""A"" is the right answer. In order to resolve the above dispute, the respondent
Board has constituted a committee consisting of Dr. S. Prabu Shankar, Assistant Professor of Education, Institute of Advanced Study in
Education, Saidapet, Chennai, Ms. A. Noorjahan, Associate Professor of Education, Lady Willingdon IASE, Chennai and Dr. A. Radhamani,
Assistant Professor of Education, Lady Willingdon IASE, Chennai. They have also opined that the option ""D"" is the right answer. They have given
the following reasons:
Option B: Conceptual thinking is wrong answer - In conceptual thinking one makes uses of the generalized ideas and language and the above
aspect remains the same with.
Option A: Imaginative thinking and option C: Associative thinking.
Option A: In Imaginative thinking objects and events are associated with concepts or experiences that sometimes depend on language or words
that explains the events/objects and hence Imaginative Thinking (Option A) cannot be the answer. Hence, candidate''s representation concerning
option A is rejected.
The experts have given their opinion relying on the reference made in the standard book titled ""Essentials of Educational Psychology"", authored
by S.K. Mangal, at page 382. The petitioner is not able to demonstrate as to how the opinion of the experts is wrong, as held by the Hon''ble
Supreme Court in Kanpur University case, cited supra. Therefore, this challenge is rejected.
In the result, this writ petition is partly allowed in the following terms:
(a) For question No. 8 in ""C"" series question booklet in paper II, which is the question No. 18 in ""D"" series booklet, the respondents are directed
to award mark for the candidates, who have answered either option ""A"" or option ""B
(b) The challenge to question No. 14 is rejected.
Consequently, connected miscellaneous petition is closed. No costs.
W.P. No. 18499 of 2013
In this writ petition, the petitioner has challenged the key answers to question Nos. 10, 18, 19 and 125 in ""D"" series question booklet in paper
II,
Question No. 10 reads as follows;
The number of types of counselling is.
A) 3 B) 2 C) 1 D) 5
The challenge to this question has already been answered by this Court in W.P. (MD) No. 18394 of 2013, herein above, wherein this Court
has directed the respondent to delete the question itself from valuation and to award mark to all the candidates, who have appeared in the
examination.
The next challenge is to question No. 18 which reads as follows;
If we track the proficiency achieved by a student for about 6 months, who learns drawing then the obtained learning curve is:
A) Positive curve
B) ''S'' typed Curve
C) Bell shaped curve
D) Negative curve
The challenge to this question has already been decided in W.P. (MD) No. 18430 of 2013, herein above, wherein this Court has directed the
respondent to award mark for both the options ""A"" and ""B"". Therefore, no further adjudication is required.
The next challenge is to question No. 19, which reads as follows;
Reinforcement is a common term used to represent the reward in;
A) Classical conditioning
B) S-R conditioning
C) S-O-R conditioning
D) Operant conditioning
This challenge has already been examined in W.P. (MD) No. 18334 of 2013, etc. batch, dated 19.11.2013 and this Court has rejected the
challenge, thereby holding that the key answer is the right answer. Therefore, this challenge is rejected.
The next challenge is to question No. 125 which reads as follows;
The winds that blow from a particular direction throughout the year
A) Trade winds
B) Polar winds
C) Monsoon winds
D) Planetary winds
The key answer is option ""D"". But, according to the petitioner, both the options ""A"", ""B"" as well as ""D"" are the right answers. In order to
substantiate the said contention, the learned counsel for the petitioner has relied on a book titled ''Physical Geography'', authored by one Savindra
Singh, wherein in page 457 it is stated as follows;
CLASSIFICATION OF WINDS:
The winds blowing almost in the same direction throughout the year are called prevailing or permanent winds. These are also called as invariable or
planetary winds because they involve larger areas of the globe. On the other hand, winds with seasonal changes in their directions are called
seasonal winds (e.g. monsoon winds). Winds blowing in a particular locality are called local winds (e.g. chinook, sirocco, harmattan, mistral bora,
blizzard, loo, etc.,). Winds blowing from hill tops to the valleys and from valley floor to the hill tops are called mountain and valley breezes. Winds
blowing from land to sea and from sea to land are called land and sea breezes. Thus, the winds are classified into two broad categories; e.g. (1)
permanent winds or invariable winds or prevailing winds (e.g. trade winds, westerlies and polar winds), (2) and variable winds, which are further
divided into (i) seasonal winds, (ii) local winds, (iii) mountain and valley breezes, (iv) land and sea breezes, etc. Alternatively, atmospheric motion
or wind movement is divided into 3 categories e.g., (1) primary circulation including planetary wind systems, which are related to global pressure
belts (e.g. trade winds, westerlies and polar winds), (2) secondary circulation consisting of cyclones, anticyclones, monsoons, and air masses, and
(3) tertiary circulation which includes local winds as referred to above.
In order to resolve the above issue, a body of experts consisting of Mr. S. Parasuraman, P.G. Assistant (Geography), PCKG Government
Higher Secondary School, Kodambakkam, Chennai, Ms. K. Puvaneswari, P.G. Assistant (Geography), Government Girls Higher Secondary
School, Ashok Nagar, Chennai and Ms. B. Stella Anantha Kumari, P.G. Assistant (History), Jaigopal Garodia Govt. Girls Higher Secondary
School, Choolaimedu, Chennai, was constituted. These experts have opined as follows;
As a whole, the wind blows from the particular direction throughout the year, we call - Planetary winds. Other winds given in the option A and B
are the classification of Planetary winds. Hence, the option D is correct. Candidate''s representation is rejected.
Today, before this Court three experts by name Mr. S. Parasuraman, P.G. Assistant (Geography), PCK GHSS, Chennai, Mr. Anbazhagan,
Asst. Professor of Geography, Presidency College, Chennai and Ms. K. Puvaneswari, P.G. Assistant (Geography), GGHSS, Chennai, are
present. These experts would say that the wind which blows from the particular direction throughout the year is called ''Planetary Winds'' which
includes Trade Winds as well as Polar Winds. They do not dispute that the book titled Physical Geography, authored by Savindra Singh, is a
standard book. A reading of the above book as well as the statement made by the experts would go to show that the winds which blow from a
particular direction throughout the year is generally known as Planetary Winds. The ""Planetary winds"" are further classified as ""Trade winds"" and
Polar winds"". Here, the specific question is ""the winds that blow from a particular direction throughout the year"". It is not in dispute that Trade
winds and Polar winds also blow from a particular direction to another particular direction throughout the year. Thus, in my considered view,
options ""A"", ""B"" and ""D"" are the right answers.
The option ""C"" cannot be right answer, because the Monsoon Winds do not blow throughout the year.
In such view of the matter, I am unable to agree that the key answer that option ""D"" alone is the correct answer. Therefore, I direct the
respondents to award mark for all the candidates, who have answered, either option ""A"" or option ""B"" or option ""D"".
In the result, this writ petition is partly allowed in the following terms:
(a) For question No. 125 in ""D"" series question booklet in paper II, the respondents are directed to award mark for all the candidates, who have
answered either option ""A"" or option ""B"" or option ""D"".
(b) The challenge to question Nos. 10, 18 and 19 in ""D"" series question booklet in paper II are rejected.
Consequently, connected miscellaneous petition is closed. No costs.