Writing 'Jai Hind' shall not invalidate answer, rules HC

MADURAI: Is writing the phrase 'Jai Hind' a legal ground to invalidate an answer paper of a job-aspirant?
While the Tamil Nadu Public Service Commission (TNPSC) thought so and disqualified a woman job-seeker, the Madras high court came to her rescue saying the term 'Jai Hind' referred to patriotic fervour and can never be a ground for disqualification.
'Jai Hind' or 'Victory to India' is the most commonly uttered slogan in India, whether it is at the end of the school prayers by children or at the end of a speech by eminent persons. It is the last word to be seen in several communications wherever the patriotic fervour is invoked towards the motherland - India or Bharat - said Justice Battu Devanand.
It all began when M Kalpana, who wrote descriptive part of her Group-II services examination in 2014, ended her general studies essay on importance and conservation of natural resources with a remark 'Jai Hind, Let us live united with nature'.
The exam was in two parts - Part A and Part B, plus an interview. Kalpana was disqualified from Part B examination and was awarded 160 marks in Part A examination and 24 marks for the interview. She was not selected for the job as she had only 184 marks, as against the cut-off mark of 190.
Though an RTI reply she learnt that, her answer paper of Part-B exam had been invalidated since she had made a remark 'Jai Hind, Let us live united with nature' in the concluding portion of the answer to a question 'Write a detailed account on importance and conservation of natural resources'. Noting that the concluding remark was indeed relevant to the question, she filed the present petition in 2017 seeking to evaluate her answer paper and appoint her to a post.
The TNPSC stood its ground. It said that Kalpana had written some impertinent remarks 'Jai Hind' at the end of the answer which is irrelevant to the question. Since she had violated the instructions given to candidates, her answer paper was invalidated.
Justice Battu Devanand, however, rejected the argument saying: "The concluding remarks 'Jai Hind - Let us live united with nature' made by the petitioner is very relevant and appropriate to the question. The remarks cannot be treated as impertinent remarks or to give some indication to the examiner about her identity. The remark appears to be a natural, spontaneous and effective culmination of the essay on the given topic rather than any tacit signal of attempting any malpractice."
He said the court intended to visualise this issue from a different angle. "For the development and prosperity of the country, the conservation of natural resources is very essential and important. It is the duty of every citizen to safeguard the natural resources available in the country. Those persons, who have the idea of 'patriotism', would definitely safeguard the natural resources for the benefit of the future generations," he said.
The judge then directed the TNPSC to validate Kalpana's answer papers in Part-B and award marks. Based on the marks awarded in Part-A and Part-B, if she secured requisite marks, the authorities shall appoint her to the post included in the combined civil services examination group-II services in four weeks, the judge directed.