The implementation of legal provisions, such as judgments and government orders, should be prospective and not retrospective to avoid unsettling settled issues.

JUDGMENT

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the revised provisional list of candidates for certificate verification issued by the 1st respondent dated 10.1.2014 and quash the same in so far as inclusion of the respondents 3 to 5 in Sl. No.137 146 and 148 in the list under BC Tamil Medium Quota and consequently direct the respondents 1 and 2 to select and appoint the petitioner to the post of PG Assistant in Economics in the reserved category of BC Tamil Medium quota.)

1. The writ on hand has been instituted questioning the validity of the selection made by the 1st respondent Board for recruitment to the post of PG Assistant in Economics, more specifically under the Tamil Medium Quota.

2. The petitioner states that she studied SSLC, HSC, BA (Economics), M.A.(Economics) and B.Ed. The petitioner studied in Tamil Medium through out and therefore, states that she is fully qualified to secure appointment under the Tamil Medium Quota as per the recruitment notification. The Teachers Recruitment Board issued notification in May 2013 for direct recruitment for the post of PG Assistants. The petitioner also submitted her application and participated in the process of selection.

3. Admittedly, the petitioner secured 88 marks and her name was included in the provisional list of selection and called for the certificate verification. Meanwhile the unsuccessful candidates filed W.P.(MD) Nos.18791 of 2013 and W.P.(MD) Nos.17155, 17156, 17191, 17236, 17424 and 17971 of 2013 etc.

4. The writ petitions were filed mainly on the ground that some errors occurred in the question paper and in the answer keys with reference to the written examination held on 21.07.2013. The Madurai Bench of Madras High Court passed an order on 28.11.2013, directing the Recruitment Board to revisit the entire issue.

5. The Teachers Recruitment Board in compliance with the directions issued by the Madurai Bench of Madras High Court, revised the selection list, more specifically, in educational psychology, the following one question is deleted for valuation.

6. The cut off mark for GT turn is 102, GT T 96, GT W T 95, BC 98, BC T 89. The petitioner has secured only 88 marks and hence, she was not considered for selection.

7. The marks scored by the respondents 3 to 5 as per the revised list are 93 (Radhakrishnan R), 90 (Poongothai D) and 89 (Kathiresan) dated 09.01.2014, the respondents are coming under the BC PSTM category. Since the respondents secured higher score than the petitioner, the respondents were called for Certificate Verification.

8. As per the direction of the Hon'ble Madurai Bench of Madras High Court issued on 28.11.2013, the Board revised answer keys and revalued OMR sheet of all the candidates and conducted certificate verification for new eligible candidates on 17.01.2014. The Board released the revised result for the subjects Physics, Economics and Commerce, after making due revaluation based on the revised Key Answers as per the judgment of Hon'ble High Court of Madras in various writ petitions including W.P.Nos.29347 of 2013, 34564 of 2013 and 31869 of 2013, etc.

9. The provisional results and list of candidates called for certificate verification for the subjects Physics, Commerce and Economics, already published on 09.01.2014 and 10.01.2014 in TRB official website,