Examination cancellation quashed after outsourcing agency tampered with OMR sheets during evaluation process

The Madras HC quashed the cancellation of a competitive examination for Lecturer posts in Government Polytechnic Colleges. The examination was cancelled due to malpractices by an outsourcing agency that tampered with scanned OMR sheets during evaluation. The court held that the Board should have segregated tainted candidates from non-tainted ones rather than cancelling the entire examination, which unfairly prejudiced innocent candidates. The HC confirmed the Madurai Bench's decision requiring proper segregation of candidates and allowed the appeal against the examination cancellation.

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Issues Involved:
1. Cancellation of the competitive examination by the Teachers Recruitment Board due to malpractices.
2. Differing judgments by the Madurai Bench and the Principal Bench regarding the cancellation.
3. The possibility of segregating tainted candidates from non-tainted ones.
4. The binding nature of coordinate bench decisions.

Issue-wise Detailed Analysis:

1. Cancellation of the Competitive Examination:
The Teachers Recruitment Board (the "Board") cancelled the competitive examination for the appointment of Lecturers in Government Polytechnic Colleges for 2017-2018 due to malpractices by the outsourcing agency, which tampered with 196 scanned images of OMR Sheets. Despite the original OMR sheets being intact, the Board decided to cancel the entire selection process.

2. Differing Judgments by the Madurai Bench and the Principal Bench:
The learned single Judge at the Madurai Bench allowed the writ petitions of aggrieved candidates and set aside the cancellation, finding it possible to segregate tainted candidates. However, another single Judge at the Principal Bench dismissed similar writ petitions, emphasizing the need to maintain the sanctity of the selection process.

3. Possibility of Segregating Tainted Candidates:
The core issue was whether the Board was correct in cancelling the selection due to tampering with 196 scanned images, despite the originals being intact. The Madurai Bench found that the Board could proceed by segregating the tainted candidates. The investigation revealed that only the scanned images were tampered with, and the original OMR sheets were in safe custody. The learned single Judge at the Principal Bench did not consider the possibility of segregation and dismissed the writ petitions, emphasizing the sanctity of the examination process.

4. Binding Nature of Coordinate Bench Decisions:
The Principal Bench's decision to dismiss the writ petitions, despite the Madurai Bench's contrary ruling, was challenged for not referring the matter to a Division Bench. The Supreme Court has held that a coordinate Bench's decision is binding on a latter Bench deciding the same or similar issues. The Principal Bench should have referred the matter to a larger Bench instead of dismissing the writ petitions outright.

Conclusion:
The judgment confirmed the Madurai Bench's decision, quashing the Board's notification cancelling the examination. The Board was directed to reject the 196 tainted candidates and proceed with the selection process for the remaining candidates. The entire selection process, including the issuance of appointment orders, was to be completed by 30 April 2019. The intra-court appeals in favor of the writ petitioners were allowed, and the appeals filed by the Board were dismissed.

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