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Article 16(4) in The Constitution Of India 1949
Article 16 in The Constitution Of India 1949
Shri Ritesh R. Sah vs Dr. Y.L. Yamul & Ors on 15 February, 1996
Article 80(1)(a) in The Constitution Of India 1949
Citedby 3 docs
J.Antony Clara vs The State Of Tamilnadu on 1 October, 2013
Dr.Olga George vs State Of Tamil Nadu on 5 September, 2014
B.Yamunadevi vs Tamil Nadu Public Service ...

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Madras High Court
K.R.Shanthi vs The Secretary To Government on 1 October, 2012
       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED    01.10.2012
CORAM
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
W.P.Nos.21170, 21171, 21172, 21387, 21231, 21232, 21946, 21947, 21779, 21716, 21868, 22073, 21683, 21114,  & 25353 of 2012 
and connected M.Ps.
&
W.P.(MD)Nos.10551, 10662, 10927, 10819, 11025, 10705, 10706, 10994, 10667, 11213, 10960, 11065, 8518,  11391 & 10679 of 2012
and connected M.Ps.

W.P.No.21170 of 2012

K.R.Shanthi				.. Petitioner
- Vs -
1. The Secretary to Government,
    Education Department, Fort St. George, Chennai  9.

2. The Chairman,
    Teachers Recruitment Board,
    4th Floor, E.V.K.Sampath Maaligai,
    DPI Compound, College Road, Chennai  6.	.. Respondents
Prayer in W.P.No.21170 of 2012:- Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent to award full marks with reference to question Nos.34, 78, 148 and 132 for the booklet series Tamil-D, so that the petitioner can be considered to the post of P.G. Assistant in Tamil for the year 2011-2012.

	For Petitioner 	 :  Mr.M.Sriram
	For Respondents    :  Mr.P.H.Arvindh Pandian, A.A.G.,
			    asst. by Mr.R.Rajeswaran, Spl.G.P.,
			    and Mr.N.Sakthivel, G.A.
	Amicus Curiae	 :   Mr.C.Selvaraj, SC
- - - - -
C O M M O N   O R D E R

The Teachers Recruitment Board (TRB), the respondent herein, has issued an advertisement in Advt.No.03/2012, dated 28.02.2012, inviting applications from eligible candidates for direct recruitment to various vacancies for the year 2011-2012, in the post of Post Graduate Assistants / Physical Education Directors Gr.1 in the Tamil Nadu Higher Secondary Educational Services.

2. The qualification prescribed as per the said Notification for the post of Post Graduate Assistant is that the candidates should possess M.A./M.Sc./M.Com. in the relevant subject with B.Ed. As per G.O.Ms.No.361, School Education Department, dated 31.12.1999, the candidates should have studied the same subject in Bachelor's Degree and Master's Degree, both for academic subjects and Languages.

3. As per the scheme of the examination, the written examination consists of a single paper of three hours duration with 150 marks. The question paper is of objective type with multiple-choice questions. The marks allotted to the main subject, Educational Methodology and General knowledge are 110 marks, 30 marks and 10 marks respectively. Based on the written examination, the candidates will be short-listed for certificate verification and finally the results will be published through press/media. If more than one candidate secures the lowest or same cut-off mark for the particular communal turn, all such candidates will be called for certificate verification and so the number of candidates called for certificate verification will be slightly higher than the number of vacancies.

4. At the time of certificate verification, weightage marks will be awarded to the short listed candidates and added to the written examination marks for preparing the final merit-cum-communal selection list. The provisional list of candidates selected for appointment after certification verification and after addition of weightage marks will be published in the Notice Board and thereafter, appointment orders will be issued by the Department concerned to which the candidates are provisionally selected.

5. The petitioners in these writ petitions have applied for Post Graduate Assistant Posts in various subjects as detailed below:-

S.No.

Petitioner in Writ Petition No. Post applied for

1. 21170 of 2012 Post Graduate Assistant (Tamil)

2. 21171 of 2012 Post Graduate Assistant (Tamil)

3. 21172 of 2012 Post Graduate Assistant (Tamil)

4. 21946 of 2012 Post Graduate Assistant (Tamil)

5. 21947 of 2012 Post Graduate Assistant (Tamil)

6. 21779 of 2012 Post Graduate Assistant (Tamil)

7. 21716 of 2012 Post Graduate Assistant (Tamil)

8. 21231 of 2012 Post Graduate Assistant (Commerce)

9. 21232 of 2012 Post Graduate Assistant (Commerce)

10. 21868 of 2012 Post Graduate Assistant (Botany)

11. 22073 of 2012 Post Graduate Assistant (History)

12. 21683 of 2012 Post Graduate Assistant (Physics)

13. 21114 of 2012 Post Graduate Assistant (Chemistry)

14. 25353 of 2012 Post Graduate Assistant (Maths)

15. 21387 of 2012 Post Graduate Assistant (Political Science)

6. The following writ petitions, more or less similar in nature, filed before the Madurai Bench of this Court, have been transferred to this Court and they were also heard along with the above writ petitions.

S.No.

Petitioner in Writ Petition (MD) No. Post applied for 1 10551 of 2012 Post Graduate Assistant (Geography) 2 10662 of 2012 Post Graduate Assistant (Geography) 3 10927 of 2012 Post Graduate Assistant (Geography) 4 10819 of 2012 Post Graduate Assistant (Tamil) 5 11025 of 2012 Post Graduate Assistant (Tamil) 6 10706 of 2012 Post Graduate Assistant (Tamil) 7 10705 of 2012 Post Graduate Assistant (Tamil) 8 10994 of 2012 Post Graduate Assistant (Tamil) 9 10667 of 2012 Post Graduate Assistant (Physics) 10 11213 of 2012 Post Graduate Assistant (Physics) 11 10960 of 2012 Post Graduate Assistant (Economics) 12 11065 of 2012 Post Graduate Assistant (Maths) 13 8518 of 2012 Post Graduate Assistant (History) 14 11391 of 2012 Post Graduate Assistant (English) 15 10679 of 2012 Post Graduate Assistant (Botany)

7. In these writ petitions, the petitioners have, inter alia, challenged the method of selection as per reservation for various categories and the Key Answers for many questions. For the sake of convenience, let us, first take up the issues relating to reservation, followed by the challenges relating to key answers.

RESERVATION

8. The crux of the issue is that the selection has not been done strictly adhering to the Rules of Reservation. To decide this issue, we need to have a birds eye view of the concept of reservation and its working.

9. Reservation, as a concept, is very wide. It is necessary for transcending caste and not perpetuating the same. Different people understand the concept to mean different things. But, in essence, it is a devise to maintain the equilibrium between justice to backwards, equity for the forwards and efficiency for the entire system. Thus, these are like three sides of a triangle. The concept of reservation finds its roots, post Constitution, in the communal G.O. passed by the Madras State which landed in the Hon'ble Supreme Court in State of Madras Vs. Champakam Dorairajan reported in AIR 1951 SC 226. The voyage did not stop. The subsequent years saw a lot of laws made, providing reservation in public employment. Even, the Constitution had to undergo amendments. The Hon'ble Supreme Court was frequently engaged in examining the issues relating to reservation more particularly, its implementation resulting in number of authoritative pronouncements on various aspects of the concept. For the purpose of our discussion, it may not be necessary to trace all those judgments, as at this length of time, it is not too difficult to understand the Constitutional jurisprudence of reservation. I believe, it is, therefore, suffice to start from Indra Sawhney Vs. Union of India reported in 1992 Supp (3) SCC 217. In this case, among other things, the Hon'ble Supreme Court has held :

.....reservation under Article 16(4) do not operate on communal ground. Therefore if a member from reserved category gets selected in general category, his selection will not be counted against the quota limit provided to his class..... (Emphasis added) Further, the Court declared that the social reservations like reservations for O.B.Cs., S.Cs. and S.Ts., are vertical reservations whereas the Special reservations like reservations for women, physically challenged, etc., are horizontal reservations. While explaining as to how the horizontal reservation cuts across the vertical reservation, the Hon'ble Supreme Court in para 812 has held as follows:

" 812. All reservations are not of the same nature. There are two types of reservations, which may, for the sake of convenience, be referred to as 'vertical reservations' and 'horizontal reservations'. The reservations in favour of Scheduled Castes, Scheduled Tribes and Other Backward Classes [(under Article 16(4)] may be called vertical reservations whereas reservations in favour of physically handicapped (under clause (1) of Article 16] can be referred to as horizontal reservations. Horizontal reservations cut across the vertical reservations - what is called interlocking reservations. To be more precise, suppose 3% of the vacancies are reserved in favour of physically handicapped persons; this would be a reservation relatable to clause (1) of Article 16. The persons selected against the quota will be placed in that quota by making necessary adjustments; similarly, if he belongs to open competition (OC) category, he will be placed in that category by making necessary adjustments. Even after providing for these horizontal reservations, the percentage of reservations in favour of backward class of citizens remains - and should remain - the same."

10. Similarly, the proper and correct method to fill up the open quota, vertical reservations and Special reservations such as reservations for women, physically handicapped etc., which are horizontal reservations, cutting across vertical reservations, were explained in Anil Kumar Gupta Vs. State of U.P. Reported in (1995) 5 SCC 173, wherein the Hon'ble Supreme Court has held as follows:

"The proper and correct course is to first fill up the Open Competition quota (50%) on the basis of merit; then fill up each of the social reservation quotas, i.e., S.C., S.T. and B.C; the third step would be to find out how many candidates belonging to special reservations have been selected on the above basis. If the quota fixed for horizontal reservations is already satisfied - in case it is an overall horizontal reservation - no further question arises. But if it is not so satisfied, the requisite number of special reservation candidates shall have to be taken and adjusted/accommodated against their respective social reservation categories by deleting the corresponding number of candidates therefrom. (If, however, it is a case of compartmentalized horizontal reservation, then the process of verification and adjustment/accommodation as stated above should be applied separately to each of the vertical reservations. In such a case, the reservation of fifteen percent in favour of special categories, overall, may be satisfied or may not be satisfied.) [Emphasis supplied]"

11. Indra Sawhney case (cited supra) came to be considered again in R.K.Sabharwal Vs. State of Punjab reported in (1995) 2 SCC 745 by the Hon'ble Supreme Court. That was a case pertaining to the Roster to be maintained in respect of reserved posts. In paragraph No.4 of the said judgment, the Hon'ble Supreme Court has held as follows:

"4. When a percentage of reservation is fixed in respect of a particular cadre and the roster indicates the reserve points, it has to be taken that the posts shown at the reserve points are to be filled from amongst the members of reserve categories and the candidates belonging to the general category are not entitled to be considered for the reserve posts. On the other hand the reserve category candidates can compete for the non-reserve posts and in the event of their appointment to the said posts their number cannot be added and taken into consideration for working out the percentage of reservation. Article 16(4) of the Constitution of India permits the State Government to make any provision for the reservation of appointments or posts in favour of any backward class of citizen which, in the opinion of the State is not adequately represented in the Services under the State. It is, therefore, incumbent on the State Government to reach a conclusion that the backward class/classes for which the reservation is made is not adequately represented in the State Services. While doing so the State Government may take the total population of a particular backward class and its representation in the State Services. When the State Government after doing the necessary exercise makes the reservation and provides the extent of percentage of posts to be reserved for the said backward class then the percentage has to be followed strictly. The prescribed percentage cannot be varied or changed simply because some of the members of the backward class have already been appointed/promoted against the general seats. As mentioned above the roster point which is reserved for a backward class has to be filled by way of appointment/promotion of the member of the said class. No general category candidate can be appointed against a slot in the roster which is reserved for the backward class. The fact that considerable number of members of a backward class have been appointed/promoted against general seats in the State Services may be a relevant factor for the State Government to review the question of continuing reservation for the said class but so long as the instructions/ Rules providing certain percentage of reservations for the backward classes are operative the same have to be followed. Despite any number of appointment/promotees belonging to the backward classes against the general category posts the given percentage has to be provided in addition. We, therefore, see no force in the first contention raised by the learned counsel and reject the same. (emphasis added)

12. In Indra Sawhney case (cited supra) the majority held that the overall reservation should not exceed 50% and the said 50% rule should be applied to each year, otherwise, it may happen that the competition channel gets chocked for some years and meanwhile, the general category candidates may become age barred and ineligible. However, in R.K.Sabharwal case (cited supra), which was a case mainly on promotion, and the issue was regarding the operation of roster system, the Court stated that the entire cadre strength should be taken into account to determine whether reservation upto the limit had been reached. With reference to Indra Sawhney case that the reservation should not exceed 50%, the Hon'ble Supreme Court held in R.K.Sabharwal case that it is applied only to initial appointments. This view was affirmed by a subsequent Constitution Bench of the Hon'ble Supreme Court in M.Nagaraj Vs. Union of India reported in (2006) 8 SCC 212. Thus, as on now, the law remains crystallized that at the level of initial appointment, the reservation in a year should not exceed 50%.

13. Indra Sawhney case and R.K.Sabharwal case (cited supra) came to be followed subsequently in Union of India Vs. Virpal Singh Chauhan reported in (1995) 6 SCC 684 and in Ritesh R.Sah Vs. Dr.Y.L.Yamul reported in (1996) 3 SCC 253. Eventually, a Bench of Coram of Three Hon'ble Judges in Rajesh Kumar Daria Vs. Rajasthan Public Service Commission reported in (2007) 8 SCC 785, considered the same issue, wherein, the judgments in Indra Sawhney case, R.K.Sabharwal case, Virpal Singh Chauhan case, Rajesh R.Sah case and Anil Kumar Gupta case (cited supra) have been extensively quoted. This judgment is a class by itself which clearly makes a demonstration as to how selection has to be made as against the open quota and the reserved quota for various reserved classes by applying the vertical reservation and special reservation for women, physically handicapped etc., by following horizontal reservation.

14. A perusal of the above judgments would keep at least two things beyond any pale of doubt. Firstly, the roaster is not vacancy based, but the same is only post based. It identifies the number of posts earmarked for various categories under the vertical reservations and posts left behind for open quota as well as special reservations. Secondly, after so identifying the posts, it should be calculated as to how many vacancies are to be filled up under various categories in the current selection. If once the number of vacancies earmarked for each category in the current selection is identified by using the Roster, thereafter the Roster will have no further role to play in the matter of selection. After identifying the number of vacancies earmarked for various categories, the selection for each category has to be made purely based on merit following the method detailed below:

First Step:

(i) As against the number of vacancies identified for open quota, irrespective of caste, sex, physically challenged, etc., everyone should be allowed to compete based on merits.

(ii) The meritorious candidates should be first selected as against the above vacancies under open quota.

Second Step:

(iii) After completing the first step, moving on to the vertical reservation categories, selection has to be made for each category from amongst the remaining candidates belonging to the particular reserved category (vertical) based on merits.

Third Step:

(iv) After completing the second step, horizontal reservation which cuts across the vertical reservation has to be verified as to whether the required number of candidates who are otherwise entitled to be appointed under the horizontal reservation have been selected under the vertical reservation.

(v) On such verification, if it is found that sufficient number of candidates to satisfy the special reservation (horizontal reservation) have not been selected, then required corresponding number of special reservation candidates shall have to be taken and adjusted/accommodated as against social reservation categories by deleting the corresponding number of candidates therefrom.

(vi) Even while filling up the vacancies in the vertical reservation, if, sufficient number of candidates falling under the horizontal reservation have been appointed, then, there will be no more appointment exclusively under the horizontal reservation.

Caution:

(vii) At any rate, the candidates who were selected as against a post under open quota shall not be adjusted against the reserved quota under vertical reservations.

15. In this regard, I may also incidentally refer to a judgment by a Coram of Two Hon'ble Judges of the Hon'ble Supreme Court in P.S.Ghalaut Vs. State of Haryana reported in (1995) 5 SCC 625, wherein a contrary view had been taken. In that case, while considering the purpose of Roster, the Hon'ble Supreme Court had in paragraph 4 has held as follows:

"4.........It is seen that when the roaster is maintained to give effect to the constitutional policy of reservation to render socioeconomic justice to the concerned sections, respective places assigned to the candidates belonging to them, general candidates, backward classes or Scheduled Castes or Scheduled Tribes, as the case may be, the change in the order of merit inevitably get affected. If original order of merit prepared by the Public Service Commission or Selection Committee, if remains unaffected, roaster becomes redundant and always remains unimplemented. The reserved candidates always remain at the bottom of the select list unless selected as general candidates in the order of merit. To relieve such injustice and hardship, roaster is maintained and vacancies are filled up in the order maintained therein. The placement of candidates shall be to the respective points fixed in the roaster. Take for instance vacancy No. 1 and 6, as pointed out in the Chief Secretary's letter have admittedly been reserved for Scheduled Castes. Suppose recruitment was made to fill up ten vacancies, three candidates from Scheduled Castes were selected. The first one as general and second and third were selected on the basis of reserved quota. The question is whether the first candidate will be put in the quota allotted to the Scheduled Castes in the roaster. Having been selected as a general candidate, though he is more meritorious than the second and third candidates, he will not get the placement in the roaster, reserved for Scheduled Castes i.e. No. 1 and 6 points. Consequently candidates Nos. 2 and 3 will get the placement at No.1 and 6 and the first candidate will get the placement in the order of merit along with the general candidates according to the order of merit maintained by the Selection Committee or the Public Service Commission. He cannot complain that having been selected in the merit, he must be placed in the placement reserved for Scheduled Castes at point No. 1 in the roaster. Equally, though general candidate is more meritorious in the order of merit prepared by the Public Service Commission or the Selection Committee, when the appointments are made and the vacancies are filled up according to the roaster, necessarily and inevitably the Reserved candidates though less meritorious in the order of merit maintained by the Public Service Commission would occupy the respective places assigned in the roaster. Thereby they steal a march over some of the general candidates and get seniority over the general candidates. This scheme is, therefore, constitutional, valid and is not arbitrary." (Emphasis added)

16. But the correctness of the said judgment was doubted in a subsequent case before a Larger Bench of Three Hon'ble Judges of the Hon'ble Supreme Court in Bimlesh Tanwar Vs. State of Haryana reported in (2003) 5 SCC 604. After critically analyzing P.S.Ghalaut case (cited supra), the Larger Bench overruled P.S.Ghalaut case. In paragraph 40 of the judgment, the Hon'ble Supreme Court has held as follows:

"40. An affirmative action in terms of Article 16(4) of the Constitution is meant for providing a representation of class of citizenry who are socially or economically backward. Article 16 of the Constitution of India is applicable in the case of an appointment. It does not speak of fixation of seniority. Seniority is, thus, not to be fixed in terms of the roster points. If that is done, the rule of affirmative action would be extended which would strictly not be in consonance of the constitutional schemes. We are of the opinion that the decision in P.S. Ghalaut does not lay down a good law." (Emphasis added)

17. In paragraph No.52 of the said judgment, the Hon'ble Supreme Court has further held as follows:

"52. In this case also, although there does not exist any statutory rule but the practice of determining inter se seniority on the basis of the merit list has been evolved on interpretation of the Rules. A select list is prepared keeping in view the respective merit of the candidates. Not only appointments are required to be made on the basis of such merit list, seniority is also to be determined on that basis as it is expected that the candidates should be joining their respective posts almost at the same time......" (Emphasis added)

18. From the above judgments, it is crystal clear that Roster is, inter alia, used to identify the number of vacancies available to various categories including the open quota in the current selection and thereafter, the selection should be made only on merit and a candidate selected on merit under the open quota should not be adjusted against the reserved vacancy. The inter se seniority of the candidates selected and appointed in that selection should be only on merits and not on the basis of the roaster points.

19. Now, though not very relevant to the issues involved in the instant cases, for the sake of completion, let me refer to the Constitution Bench judgment in Union of India Vs. Ramesh Ram reported in (2010) 7 SCC 234. In this case, the Constitutional validity of sub-rules (2) to (5) of Rule 16 of the Civil Services Examination Rules relating to Civil Services Examinations held by the Union Public Services Commission in the years 2005 to 2007 came to be challenged before the Hon'ble Supreme Court. A three-Judge Bench of the Hon'ble Supreme Court referred the same to the Constitution Bench as it raised the following important legal question:

"Whether candidates belonging to reserved category, who get recommended against general/unreserved vacancies on account of their merit (without the benefit of any relaxation/concession), can opt for a higher choice of service earmarked for reserved category and thereby migrate to reserved category ?"

In paragraph 20 of the said judgment, the Hon'ble Supreme Court framed the following questions for consideration"

"20......I. Whether the Reserved Category candidates who were selected on merit (i.e. MRCs) and placed in the list of General Category candidates could be considered as Reserved Category candidates at the time of service allocation?

II. Whether Rule 16 (2), (3), (4) and (5) of the CSE Rules are inconsistent with Rule 16 (1) and violative of Articles 14, 16 (4) and 335 of the Constitution of India?

III. Whether the order of the Central Administrative Tribunal was valid to the extent that it relied on Anurag Patel Vs. Uttar Pradesh Public Service Commission and Others, (2005) 9 SCC 742 (which in turn had referred to the judgment in Ritesh R.Sah v. Dr.Y.L.Yamul and Others, (1996) 3 SCC 253, which dealt with reservations for the purpose of admission to post graduate medical courses); and whether the principles followed for reservations in admissions to educational institutions can be applied to examine the constitutionality of a policy that deals with reservation in civil services."

For a better understanding let us extract Rule 16(2) of the Civil Services Examination Rules which reads as follows:

"16(2) While making service allocation, the candidates belonging to the Scheduled Castes, the Scheduled Tribes or Other Backward Classes recommended against unreserved vacancies may be adjusted against reserved vacancies by the Govt. if by this process they get a service of higher choice in the order of their preference."

Applying these rules, for any reason, a candidate who is entitled for lower choice post under the open quota, opts to take higher choice post by opting to get posted in the reserved vacancy, then the seat vacated by him in the non-reserved category shall be treated as non-reserved vacancy and the same shall not be filled up by a reserved category candidate. This has been so held by the Hon'ble Supreme Court in paragraph 42 of the said judgment:

"42. Therefore, we are of the firm opinion that MRC candidates who avail the benefit of Rule 16(2) and are eventually adjusted in the Reserved Category should be counted as part of the reserved pool for the purpose of computing the aggregate reservation quotas. The seats vacated by MRC candidates in the general pool will therefore be offered to General Category candidates. This is the only viable solution since allotting these General Category seats (vacated by MRC candidates) to relatively lower ranked Reserved Category candidates would result in aggregate reservations exceeding 50% of the total number of available seats. Hence, we see no hurdle to the migration of MRC candidates to the Reserved Category. Finally in para 72, the Constitution Bench answered the questions as follows:

"72. We sum up our answers-:

i) MRC candidates who avail the benefit of Rule 16 (2) and adjusted in the reserved category should be counted as part of the reserved pool for the purpose of computing the aggregate reservation quotas. The seats vacated by MRC candidates in the General Pool will be offered to General category candidates.

ii) By operation of Rule 16 (2), the reserved status of an MRC candidate is protected so that his/ her better performance does not deny him of the chance to be allotted to a more preferred service.

iii) The amended Rule 16 (2) only seeks to recognize the inter se merit between two classes of candidates i.e. a) meritorious reserved category candidates b) relatively lower ranked reserved category candidates, for the purpose of al- location to the various Civil Services with due regard for the preferences indicated by them.

iv) The reserved category candidates belonging to OBC, SC/ ST categories; who are selected on merit and placed in the list of General/Unreserved category candidates can choose to migrate to the respective reserved category at the time of allocation of services. Such migration as envisaged by Rule 16 (2) is not inconsistent with Rule 16 (1) or Articles 14, 16 (4) and 335 of the Constitution.

20. Now, turning back to the services to which the present selection is held, there is no such rule like Rule 16(2) of the Civil Services Examination Rules. Further all the candidates either under open quota or reserved quota are selected against the same category post and therefore, the candidate who is selected on merits under the open quota shall not be adjusted against the reserved quota at all.

21. In the above background, to make it more understandable the Hon'ble Supreme Court in Rajesh Kumar Daria case (cited supra) in paragraphs 8 to 11 has explained the method as follows:

8. We may also refer to two related aspects before considering the facts of this case. The first is about the description of horizontal reservation. For example, if there are 200 vacancies and 15% is the vertical reservation for SC and 30% is the horizontal reservation for women, the proper description of the number of posts reserved for SC, should be : "For SC : 30 posts, of which 9 posts are for women". We find that many a time this is wrongly described thus : "For SC : 21 posts for men and 9 posts for women, in all 30 posts". Obviously, there is, and there can be, no reservation category of 'male' or 'men'.

9. The second relates to the difference between the nature of vertical reservation and horizontal reservation. Social reservations in favour of SC, ST and OBC under Article 16(4) are 'vertical reservations'. Special reservations in favour of physically handicapped, women etc., under Articles 16(1) or 15(3) are 'horizontal reservations'. Where a vertical reservation is made in favour of a backward class under Article 16(4), the candidates belonging to such backward class, may compete for non-reserved posts and if they are appointed to the non-reserved posts on their own merit, their numbers will not be counted against the quota reserved for the respective backward class. Therefore, if the number of SC candidates, who by their own merit, get selected to open competition vacancies, equals or even exceeds the percentage of posts reserved for SC candidates, it cannot be said the reservation quota for SCs has been filled. The entire reservation quota will be intact and available in addition to those selected under Open Competition category. [Vide -Indira Sawhney (Supra), R.K.Sabharwal vs. State of Punjab (1995 (2) SCC 745), Union of India Vs. Virpal Singh Chauvan (1995 (6) SCC 684 and Ritesh R.Sah vs. Dr.Y.L.Yamul (1996 (3) SCC 253)]. But the aforesaid principle applicable to vertical (social) reservations will not apply to horizontal (special) reservations. Where a special reservation for women is provided within the social reservation for Scheduled Castes, the proper procedure is first to fill up the quota for scheduled castes in order of merit and then find out the number of candidates among them who belong to the special reservation group of 'Scheduled Castes-Women'. If the number of women in such list is equal to or more than the number of special reservation quota, then there is no need for further selection towards the special reservation quota. Only if there is any shortfall, the requisite number of scheduled caste women shall have to be taken by deleting the corresponding number of candidates from the bottom of the list relating to Scheduled Castes. To this extent, horizontal (special) reservation differs from vertical (social) reservation. Thus women selected on merit within the vertical reservation quota will be counted against the horizontal reservation for women. Let us illustrate by an example :

If 19 posts are reserved for SCs (of which the quota for women is four), 19 SC candidates shall have to be first listed in accordance with merit, from out of the successful eligible candidates. If such list of 19 candidates contains four SC women candidates, then there is no need to disturb the list by including any further SC women candidate. On the other hand, if the list of 19 SC candidates contains only two woman candidates, then the next two SC woman candidates in accordance with merit, will have to be included in the list and corresponding number of candidates from the bottom of such list shall have to be deleted, so as to ensure that the final 19 selected SC candidates contain four women SC candidates. [But if the list of 19 SC candidates contains more than four women candidates, selected on own merit, all of them will continue in the list and there is no question of deleting the excess women candidate on the ground that 'SC-women' have been selected in excess of the prescribed internal quota of four.]

10. In this case, the number of candidates to be selected under general category (open competition), were 59, out of which 11 were earmarked for women. When the first 59 from among the 261 successful candidates were taken and listed as per merit, it contained 11 women candidates, which was equal to the quota for 'General Category - Women'. There was thus no need for any further selection of woman candidates under the special reservation for women. But what RPSC did was to take only the first 48 candidates in the order of merit (which contained 11 women) and thereafter, fill the next 11 posts under the general category with woman candidates. As a result, we find that among 59 general category candidates in all 22 women have been selected consisting of eleven women candidates selected on their own merit (candidates at Sl.Nos.2, 3, 4, 5, 9, 19, 21, 25, 31, 35 & 41 of the Selection List) and another eleven (candidates at Sl.Nos.54, 61, 62, 63, 66, 74, 75, 77, 78, 79 & 80 of the Selection List) included under reservation quota for 'General Category-Women'. This is clearly impermissible. The process of selections made by RPSC amounts to treating the 20% reservation for women as a vertical reservation, instead of being a horizontal reservation within the vertical reservation.

11. Similarly, we find that in regard to 24 posts for OBC, 19 candidates were selected by RPSC in accordance with merit from among OBC candidates which included three woman candidates. Thereafter, another five women were selected under the category of 'OBC - Women', instead of adding only two which was the shortfall. Thus there were in all 8 women candidates, among the 24 OBC candidates found in the Selection List. The proper course was to list 24 OBC candidates as per the merit and then find out number of woman candidates among them, and only fill the shortfall to make up the quota of five for woman. (Emphasis added)

22. Keeping the above authoritative pronouncements of the Hon'ble Supreme Court, more particularly, the illustration given in Rajesh Kumar Daria case in mind, we can now go into the challenges made in these batch of cases. In brief, the grievance is as follows:

The candidates who were eligible for selection on the basis of pure merit as against the Open Quota have been adjusted against their respective reserved quota because they happen to belong to reserved Classes like Scheduled Castes, Scheduled Tribes, Backward Classes and Most Backward Classes. Thus, the chance of candidates belonging to the reserved category have been usurped by adjusting meritorious candidates as against the Vertical reservation for reserved categories. The special reservations have been treated erroneously as vertical reservation.

23. For example, the petitioner in W.P.No.21683 of 2012 has applied for the Post Graduate Assistant (Physics). According to the petitioner as per the tentative list of candidates published calling for certificate verification, the top scorer is one Ms.S.Selvi (Roll No.12PG04020229). As she has scored 127 marks, she should have been selected as against open quota. But, as per the list, she has been selected under the backward class (Women) category. Similarly, the second rank holder is one Mr.J.Kumar who has scored 118 marks and he has been selected as against the general turn rightly. The third candidate is one Mr.P.Prabakaran; he has scored 114 marks, but he has been selected against Scheduled Caste (general) instead of being selected as against open quota. Similarly, the entire list goes on.

24. Similarly in W.P.No.21941 of 2012, for the post of Post Graduate Assistant (Zoology), the top scorer is one Mr.G.Jagan, who has scored 130 marks. The second rank holder is one Mr.J.Mohan with 129 marks. One Ms.M.Senthamilselvi has secured 78 marks. Now as per the list, Ms.M.Senthamilselvi who has secured only 78 marks has occupied the number one position in the order. She has been selected as against Most Backward Class (Women) (Tamil Medium). Mr.J.Mohan, who has secured 129 marks has occupied the second place in the order and he has been selected against the Backward Class (General) instead of being selected under the open quota. Strangely and also shockingly, the top scorer Mr.G.Jagan with 130 marks has been selected under the General Turn but kept at Rank No.3. The 4th rank holder is one Mr.G.Veerasamy, who has scored 124 marks. Instead of selecting him as against the open quota, he has been selected against Scheduled Castes (General) quota. The list goes on like this.

25. From the above facts, it is crystal clear that the Teachers Recruitment Board has not understood the method to be followed while making selection as against Open Quota, Vertical reservations for Backward Classes, Most Backward Classes, Scheduled Castes, Scheduled Tribes and the Horizontal reservations as laid down in the judgments cited herein before.

26. When the above anomalies were pointed out, the learned Additional Advocate General submitted that the same would be corrected. Accordingly, Mr.Surijit K. Chaudhary, Chairman of the Teachers Recruitment Board has filed an affidavit before this Court dated 05.08.2012, wherein in paragraphs 2 to 4 it is stated as follows:-

2. I submit that I am informed that during the hearing today (04.09.2012) it was submitted by the learned Additional Advocate General on instructions regarding the following issues:-

(a) Reservation Policy to be adopted in the Recruitment Process impugned in the writ proceedings.

(b) With regard to the manner of ascertaining Tamil Medium candidates and consequential inclusion in the selection process.

3. I submit that in so far as the Reservation Policy is concerned, the Board would follow the established norms as laid down by various Government Orders including the Special Reservation.

Communal Reservation:-

Communal Reservations and Reservations for Tamil Medium Students are followed as per G.O.Ms.No.65, P & AR (K) Department dated 27.05.2009, G.O.Ms.No.145 P & AR (S) Department dated 30.09.2010 and Govt.Lr.No.20635 (K2)/2009-3, dated 27.05.2009. Reservation for G.T., B.C., M.B.C., D.N.C., S.C., S.T. & B.C.Muslims will as follows:-

G.T.-31%, B.C.(other than Muslims)  26.5%, B.C.Muslims  3.5%, M.B.C./D.N.C. - 20%, S.C.-18% (which includes special reservation for S.C.Arundhathiars on preferential basis) S.T.1%. The reservation of vacancies for women  30%.

Special Reservation:-

Reservation for the Physically Challenged will be followed as per the following G.Os:

(a) G.O.Ms.No.99, P & AR (Per.S) Department, dated 26.02.1988.

(b) G.O.Ms.No.87, SW & NMS Department, dated 01.07.2008.

(c) G.O.Ms.No.53, SW & NMS Department, dated 11.04.2005.

(d) G.O.Ms.No.619, Education (M2) Department, dated 23.06.1993.

(e) G.O.Ms.No.159, P & AR Department, dated 27.06.1994.

Physically Challenged (1%) and visually Impaired (1%) will be followed as per order imposed. Reservation for visually impaired (2%) will be applicable in the case of non science subjects only. For science subjects 3% reservation will be applicable for Physically Challenged only. Hence to clarify, the selection would be in such a manner the meritorious candidate who belongs to any community would be appointed in the open category and only after filing up such a open category, the communal reservation would be applied as per the norms mentioned in the Government Orders.

4. I further submit that in so far as the issue relating to the persons who have studied in Tamil Medium is concerned, the prescribed qualification is necessary i.e., Post Graduate with B.Ed., qualification in the concerned subject in Tamil Medium for the post of Post Graduate Assistant. The undergraduates qualification in Tamil Medium will not be considered or taken into account for this recruitment. Hence all candidates who will be called for certificate verification would clearly be appraised of this facts had also found place in the application itself. It is further submitted that the selection will be made from among the Tamil Medium, candidates only who have qualified both in Post Graduate and B.Ed., Degree in Tamil. Language as medium of instruction. The reservation policy would then be applied in preparing the final merit list and selection list based on the aforesaid Government Orders. (Emphasis added)

27. Thus, the Teachers Recruitment Board itself has now impliedly conceded before this Court that the method of selection under various categories already done by the Teachers Recruitment Board is not correct and therefore the lists of selected candidates already published are liable to be withdrawn. Therefore, the entire select lists, including the select lists for the posts for which there is no challenge, are liable to be set aside. As per G.O.Ms.No.65 Personnel and Administrative Reforms (K) Department, dated 27.05.2009 and the Government Letters cited supra, there shall be reservation for Backward Class (other than Muslims) = 26.5%, Backward Class (Muslims) = 3.5%, Most Backward Class/Denotified Category = 20% , Scheduled Castes = 18% and Scheduled Tribes = 1%. (In the State of Tamil Nadu, whether total reservation can exceed 50% is under examination of the Hon'ble Supreme Court]. Thus, as of now the reservation is 69% which is subject to the outcome of the case before the Hon'ble Supreme Court. These reservations are vertical reservations. Similarly, there shall be reservation for women at 30%, physically challenged at 2% and the persons studied in Tamil Medium at 20% (vide G.O.Ms.No.145, Personnel and Administrative Reforms (S) Department, dated 30.09.2010). These three reservations are horizontal reservations. The open quota is 31%. Now it is for the Teachers Recruitment Board, as undertaken before this Court to adhere to the above reservations by following the above method more particularly the method as illustrated by the Hon'ble Supreme Court in Rajesh Kumar Daria Vs. Rajasthan Public Service Commission reported in (2007) 8 SCC 785.

KEY ANSWERS

28. Now let us examine the challenges to the key answers. Before venturing to test the correctness of the key answers under challenge, let us, at the outset, consider the scope of judicial review on this aspect. The much celebrated judgment of the Hon'ble Supreme Court on this subject is Kanpur University Vs. Samir Gupta reported in AIR 1983 SC 1230. In that case, the petitioners therein contended that the key answers furnished by the paper setter were incorrect and the correct answers written by the students had not been considered because such answers did not tally with the wrong key answers. The High Court allowed the writ petitions and directed the authorities to award marks to the students for the answers given based on the correct key answers. The matter was thereafter taken up to the Hon'ble Supreme Court. While considering the scope of judicial review in such matters, the Hon'ble Supreme Court in paragraphs 16, 17 and 18 has held as follows:

"16. Shri Kacker, who appears on behalf of the University, contended that no challenge should be allowed to be made to the correctness of a key answer unless, on the face of it, it is wrong. We agree that the key answer should be assumed to be correct unless it is proved to be wrong and that it should not be held to be wrong by an inferential process of reasoning or by a process of rationalisation. It must be clearly demonstrated to be wrong, that is to say, it must be such as no reasonable body of men well versed in the particular subject would regard as correct. The contention of the University is falsified in this case by a large number of acknowledged text books, which are commonly read by students in U.P. Those text books leave no room for doubt that the answer given by the students is correct and the key answer is incorrect.

17. Students who have passed their intermediate Board Examination are eligible to appear for the Entrance Test for admission to the medical colleges in U.P. Certain books are prescribed for the intermediate Board Examination and such knowledge of the subjects as the students have is derived from what is contained in those text books. Those text books support the case of the students fully. If this were a case of doubt, we would have unquestionably preferred the key answer. But, if the matter is beyond the realm of doubt, it would be unfair to penalise the students for not giving an answer which accords with the key answer, that is to say, with an answer which is demonstrated to be wrong."

29. As has been laid down by the Hon'ble Supreme Court, it should be presumed that the key answers set by the paper setter are correct unless it is demonstrably wrong. Keeping in mind, the above principle, let us now examine the challenges made in these writ petitions in respect of the Key Answers.

30. These writ petitions relate to the challenge in respect of the subjects such as Political Science, Tamil, Botany, Physics, History, Commerce, Geography, Economics, Maths and English.

31. In all the subjects, the question papers were in four series viz., "A", "B", C and D. In all these subjects, in every series of question paper, viz., A B C and D the questions up to 110 relate to the subject concerned and the questions from 111 to 150 relate to educational methodology and general knowledge. To put it otherwise, the questions 111 to 150 in all the questions papers are common to all candidates. At this juncture, it needs to be mentioned that the respondents published the answer keys (hereinafter referred to as first answer key) through the Internet. There were several objections in respect of the number of key answers. Therefore, the respondents obtained opinion from experts in the respective field and published the second answer key in respect of some subjects as detailed below. Now valuation has been conducted either as per the first key answer or as per the second answer key as the case may be and the results have been published. In these writ petitions, the petitioners challenge some of the key answers in each subject including educational methodology and general knowledge which are common to all candidates. [In this common order, the challenges made to the questions, in each subject, are dealt with subject wise and the challenges made to the questions in educational methodology and general knowledge, which are common to all candidates, are dealt with under a separate caption.] T A M I L

32. Now let us take up the key answers under challenge in Tamil. The first challenge is to Q.No.98 in 'A' series question paper. The question is as follows:

"98. Ie;J vd;gjid m";R vdy;

(A) Kjw;nghyp (B) Kw;Wg;nghyp (C) ,ilg;nghyp (D) filg;nghyp"

33. As per the first answer key published by the respondent Board, option (B) "Kw;Wg;nghyp" is the correct answer. Subsequently, according to the respondents, there were objections from candidates in respect of the correctness of the first key answer and therefore a second answer key was published. According to the same, no option is the correct answer and therefore the said question has been omitted from valuation.

34. The petitioners would contend that option (B) "Kw;Wg;nghyp" is the correct answer. During the course of arguments, the petitioners produced a text book prescribed by the State Government for 7th standard, wherein, it is stated that the word "m";R" is "Kw;Wg;nghyp". Thus, the petitioners demonstrated prima facie that the omission of this question from valuation is erroneous. Similarly, in respect of challenge to other key answers also, the petitioners referred to the text books of the State Government and demonstrated prima facie that key answers for the questions under challenge are wrong.

35. In those circumstances, this Court by an interim order, directed the respondent Board to constitute a three member Subject Expert Committee to offer their opinion as to whether the key answers for the questions under challenge are correct. Accordingly, the Director of Collegiate Education has constituted a Committee consisting of Dr.K.A.Jothi Rani, Assistant Professor (Department of Tamil), Quaid-e-Milleth Government Women's College, Chennai, Dr.V.Ramakrishnan, Assistant Professor (Department of Tamil), Ulaganathan Narayanasamy Government College (Autonomous) Ponneri, Tiruvallur District and Dr.P.Devi, Assistant Professor (Department of Tamil), Bharathi Government Women's College (Autonomous), Chennai.

36. The said Committee submitted a report to the respondent Board and the same was in turn submitted to this Court. According to these experts, the correct answer is option (C) ",ilg;nghyp". They referred to "Nanool" and "Tolkappiyam" to support their opinion. After going through the said opinion, the learned counsel for the petitioners contended that option (B) "Kw;Wg;nghyp" is the correct answer. Again the argument was with reference to the text books. But the experts referred to above had not considered the above text books. Therefore, this Court directed the experts to be present before this Court. Accordingly, all the three experts were present before this Court on 31.08.2012. At that time, the text books were supplied to the experts and this Court wanted them to offer their opinion considering the text books. After going through the same, they opined that the option (B) "Kw;Wg;nghyp" is also a correct answer. According to them, as per "Nanool" and "Tolkappiyam" the correct answer is option (C) ",ilg;nghyp", whereas, according to the text book and other authors like Dr.Poorko, option (B) "Kw;Wg;nghyp" is also a correct answer. Thereafter, these three experts have submitted an additional report to this Court, wherein they have stated that both option (B) "Kw;Wg;nghyp" and option (C) ",ilg;nghyp" are the correct answers.

37. Thus, by the opinion of these experts, it has been clearly demonstrated that the key answer to this question is incorrect and thus omission of this question from valuation is not correct. These experts have demonstrated that options 'B' and 'C' are the correct answers. Therefore, I hold that for Q.No.98 in 'A' series question paper, the candidates who have answered either option (B) "Kw;Wg;nghyp" or option (C) ",ilg;nghyp" are entitled for marks.

38. Nextly, the petitioners have challenged Q.No.39 in 'A' series question paper, which is as follows:

"39. rkur rd;khu;f;f bewpapidg; gug;gpatu;

(A) jha[khdtu; (B) gl;odj;jhu;

(C) ts;syhu; (D) FkuFUguu;"

39. According to the first answer key, option (C) "ts;syhu;" is the correct answer. In the second answer key also option (C) "ts;syhu;" has been shown as the correct answer. But according to the petitioners, option (A) "jha[khdtu;" is the correct answer. The learned counsel for the petitioners have relied on the Tamil text book prescribed for 9th standard by the State Government, wherein, at page 1 of the said text book, there is a reference about a book on "Thayumanavar Padalgal". There is a reference that the said book "Thayumanavar Padalgal" explains "Samarasa Sanmargam". The petitioners have relied on another book authored by one Prof.M.S.Vimalanandhan known as "Tamil Ilakkiya Varalaru", wherein, it is stated that the first saint who gave "Samarasa Sanmargam" to the world was "Thayumanavar Swamigal". The learned counsel relied on another book titled "Puthiya Nokil Tamil Ilakkiya Varalaru" by one "Tamilannal", wherein also it is stated that "In the poetry of "Thayumanavar", one can find the idea of "Samarasa Sanmargam". The learned counsel relied on another book titled "braw;fupa bra;j bgupnahu;" by Mr.N.E.Ramalingam, wherein, there is a reference that "Thayumanavar" was the one who found "Samarasa Sanmargam". By referring to the above books, the learned counsel would try to persuade the Court that the option (A) "jha[khdtu;" is the correct answer and not option (C) "ts;syhu;".

40. But the Expert Committee in its report has stated that the option (C) "ts;syhu;" is the correct answer. According to them, though "Samarasa Sanmargam" was evolved by "Thayumanavar Swamigal", it was widely propagated only by "ts;syhu;". They have made reference to as many as 18 books to substantiate their contention. Thus, the experts have opined, that "Samarasa Sanmargam" was propagated only by "ts;syhu;". The question is not as to who founded "Samarasa Sanmargam", but as to who propagated the same. Thus, according to the experts, option (C) "ts;syhu;" is the correct answer.

41. In my considered opinion, when these three experts, after referring to number of books, have clearly opined that option option (C) "ts;syhu;" is the correct answer, this Court finds no reason to accept the contention of the learned counsel for the petitioners. Even the learned counsel for the petitioners have not at all stated that "Samarasa Sanmargam" was propagated by "Thayumanavar Swamigal". In all those books relied on by them, it is only stated that "Samarasa Sanmargam" was evolved by "Thayumanavar Swamigal". Thus, I find agreement with the opinion of the experts. Therefore, challenge made to the key answer to this question is liable to be rejected and accordingly the same is rejected. I hold that, for Q.No.39 in 'A' series question paper, Option (C)"ts;syhu;" is the correct answer.

42. The next challenge is to Q.No.64 in 'A' series which is as follows:

"64. kJiuf; fhkhuhru; gy;fiyf;fHfj;jpd; Kjy; Jiznte;ju;

(A) bj/bgh/kPdhl;rp Re;judhu; (B) m/tpehafK:u;j;jp (C) njtneag; ghthzu; (D) K/tujuhrdhu;"

43. According to the key answer, option 'A' is the correct answer. But the petitioners would submit that none of the answer is a correct answer. The learned counsel for the petitioners would submit that Dr.S.V.Chittibabu was the first Vice Chancellor of the Madurai Kamarajar University. The experts would say that option 'A' is the correct answer.

44. There is no doubt that Madurai University was established on 06.02.1966. Then the University was known as Madurai University and the first Vice Chancellor of the said University was Dr.T.P.Meenakshi Sundaram. He held the office from 1966 to 1971. The name of the said University was changed as Madurai Kamarajar University in the year 1978 and then Dr.S.V.Chittibabu was the Vice Chancellor. It is only from this, it is stated that Dr.S.V.Chittibabu was the first Vice Chancellor of Madurai Kamarajar University. This contention cannot be accepted for the simple reason that it is not as though Madurai Kamarajar University was established afresh in the year 1978. The said University was established under a Statute in the year 1966 and what happened in 1978 was only change of name. In such view of the matter, it cannot be said that the first Vice Chancellor of the said University was Dr.S.V.Chittibabu. There can be no doubt that the University was established in the year 1966 and Dr.T.P.Meenakshi Sundaram was the Vice Chancellor and thus he was the first Vice Chancellor of the University. Therefore, I hold that the experts are right and option (A) bj/bgh/kPdhl;rp Re;judhu; is the correct answer. Thus, the challenge to this question fails.

45. The next challenge is to Question No.89 (Booklet 'B' series) (Q.No.59 in 'D' series) which reads as follows:?

"89. ",yf;fk;' "vd;gJ ,tw;Ws; vjidf; Fwpf;fpwJ ?

(A) ,yf;fpak;; (B) ,yl;rpak;

(C) ,yl;rk; (D) ,yf;fzk;"

46. According to the first and the second answer key, option (C) ,yl;rk; is the correct answer. But, according to the petitioners, option (A) ,yf;fpak;; is the correct answer. The experts have stated that option (C) ,yl;rk; is the correct answer. They referred to a book known as fHfj;jkpH;f; ifafuhjp; compiled by jpU/ nriy rfnjt Kjypahu; & jpU/fhHp rpt fz;Zrhkpg; gps;is to support their opinion. But the petitioner would refer to a textbook prescribed for under Graduate Course by the Madras University known as jkpH; ,yf;fpa tuyhW authored by Dr.S.V.Rg;gpukzpad;.. In that book it is stated that the term ,yf;fpak; (Literature) was not found in the ancient Tamil epics instead the term ,yf;fk; alone is found referring literature. He would refer to verse 754 of bjhy;fhg;gpak; wherein it is stated that ,yf;fpak; vd;w brhy; gpw;fhyj;jpy; njhd;wpaJ/ vy;ny ,yf;fk; (bjhy; 754) vd;w Ehw;ghtpYs;s ,yf;fk; vd;w brhy;iy ,yf;F + mk; vdg; gpupj;J nehf;fj;ija[ilaJ vd;W bghUs; bfhs;syhk;/ ,yf;F + ,ak; = ,yf;fpak; Mfpd;wJ/ nehf;fj;ij ,ak;g[tJ. TWtJ. xypg;gJ vd;W bghUs;/ ,yf;fpak; thH;f;ifapd; vjpbuhypfs;/ rKjhaj;jpd; tsu;r;rpiaf; fhl;Lk; iky;fw;fs;/ kdpj ,yl;rpaj;jpd; capu;eho/ ,yf;if cilaJ ,yf;fpak;/ ,yl;rpaj;ij cilaJ. ciug;gJ ,yf;fpak;/. Therefore, I hold that the term ,yf;fk; refers to ,yf;fpak; also as per bjhy;fhg;gpak;. In such view of the matter, I hold that option (A) ",yf;fpak;;" as well as option (C) ",yl;rk;" are the correct answers and accordingly those candidates who have written either option (A) ",yf;fpak;;" or option (C) ",yl;rk;" are entitled for mark.

B O T A N Y

47. Now, let us move on to the challenges made in Botany subject. The first challenge is to Question No.17 ('D' series) which is as follows:-

"17. the semi-conservative nature of DNA replication was studied by using the isotopes of (A) Nitrogen (B) Carbon (C) Hydrogen (D) Oxygen"

48. According to the answer key, option (A) "Nitrogen" is the correct answer. The petitioners would contend that option (C) "Hydrogen" is the correct answer. In support of their contention, they relied on a text book wherein it is stated that option (C) "Hydrogen" is the correct answer. In view of the above position, this Court directed the respondent Board to constitute a three member Subject Expert Committee to go into this and the key answers for other disputed questions also.

49. Accordingly, the Director of Collegiate Education constituted a Subject Expert Committee consisting of Dr.V.Meenakshi Sundaravalli, Assistant Professor, Queen Mary's College, Chennai, Dr.V.Mahalaxmi, Assistant Professor, Bharathi Women's College, Chennai and Mrs.M.Anbukkarasi, Assistant Professor, Quaid-e-Milleth Government Arts College, Chennai. After thorough examination, the Expert Committee has submitted a report.

50. In the said report, the experts have stated that the correct answer for Q.No.17 is both options (A) "Nitrogen" and (C) "Hydrogen". In support of their opinion, they have stated that semi conservative mode of DNA replication was studied using N15 (Nitrogen) by Meselson and Stahl. Similarly, J.Carians demonstrated the semi conservative mode of DNA replication using a heavy isotope of hydrogen. Thus, according to them, both options (A) "Nitrogen" and (C) "Hydrogen" are correct answers.

51. The experts have produced a text book on "Plant Physiology, Biochemistry and Biotechnology" by Mr.S.K.Verma and Mr.Mohit Verma, wherein at page 187, it is stated as follows:

"M.Meselson and F.W.Stahl performed an experiment on E.coli bacteria which demonstrated the semi-conservative type of DNA replication and following basic principles were considered during the experiment viz., they cultured E.coil bacteria in a culture medium containing N15 isotope of nitrogen. The bacteria replicated in the medium for a number of generations and both the strands of their DNA now contained N15 as constituent of purines and pyrimidines. Thus, the DNA of all the bacteria was labelled with heavy nitorgen (N15)."

At page 188 in the said book, it is stated as follows:

"J.Carians demonstrated the semi-conservative mode of DNA replication in the chromosomes of bacteria. E.coli by autoradiography technique using radioactive thymine. Radioactive or tritiated thymidine is obtained by using heavy isotope of hydrogen  H3."

52. Thus the experts opinion is supported by authoritative book on the subject. In view of the same, I have to necessarily hold that the option (A) "Nitrogen" and option (C) "Hydrogen" are correct answers and therefore, those candidates who have answered either option (A) "Nitrogen" or option (C) "Hydrogen" are entitled for mark.

53. The next challenge is to Question No.39 in the booklet series 'D' which reads as follows:

"39. The Bacteria oxidizing ammonium to nitrite are (A) Nitrobacter and Nitrosomonas (B) Nitrobacter and Nitrococcus (C) Nitrosomonas and Nitrosococcus (D) Nitorsomonas and Nitrospira

54. According to the answer key, the correct answer is option (C) "Nitrosomonas and Nitrosococcus". But the petitioners would contend that option (A) "Nitrobacter and Nitrosomonas" is the correct answer since "Nitrobacter" is also a bacteria which converts ammonium salts into nitrites. Since the petitioners attempted to establish their case with reference to certain books, this Court directed this question also to be examined by the Experts Committee.

55. The very same Committee in its report has stated that the correct answer is option (C) "Nitrosomonas and Nitrosococcus" and thus their opinion is inconsonance with the key answer. The experts have relied on a text book referred to above (referred to in the discussion relating to Q.No.17). According to the experts, ammonium is oxidized into nitrite by "Nitrosomonas and Nitrosococcus". The bacteria "Nitrobacter further oxidizes "nitrite" into "nitrate". The experts have also shown the chemical equations wherein the distinction between ammonium getting oxidized into "nitrite" and then it is further oxidized into "nitrate" is clearly explained.

56. The learned counsel for the petitioners would rely on a textbook prescribed for Higher Secondary course by the Tamil Nadu Government, wherein it is stated as follows:

"The nitrifying bacteria such as Nitrobacter, Nitrosomonas convert ammonium salts into nitrites and nitrates."

57. This does not support the case of the petitioners in any manner. It is only a general statement that the bacterias "Nitrobacter and Nitrosomonas" convert ammonium salts into nitrite and nitrate. There is no clear indication as to which bacteria converts ammonium salts into nitrite and which bacteria converts ammonium salts into nitrate. The question relates to conversion of ammonium salts into nitrite. Obviously, from the text book as well as from the opinion of the experts it is clear that "Nitorsomonas and Nitorsococcus" are the bacterias which convert ammonium salts into nitrites. Thus, I hold that the key answer option (C) Nitrosomonas and Nitrosococcus is the correct answer which does not require any interference.

58. The next question is Q.No.47 in booklet 'D' series reads as follows:

"47. The microbe used in producing genetically modified cotton is (A) Agrobacterium (B) Escherichia (C) Phasmid (D) Bacillus"

59. According to the key answer, option (D) "Bacillus" is the correct answer. But the petitioners would contend that option (A) "Agrobacterium" is the correct answer.

60. The experts have stated that Bt.gene of bacterium, Baccilus thuringiensis (Bt) encode the toxins called endo toxins. The Bt gene has been isolated and introduced into Ti-DNA plasmid of Agrobacterium tumifaciens. Therefore, Agrobacterium is a vector. Vector is a vehicle for transferring DNA from one cell to another. This view is supported by a "text book of Biotechnology" written by one "R.C.Dubey" at page 324-325.

61. The learned counsel for the petitioners would rely on the Higher Secondary (Second year) Botany text book prescribed by Tamil Nadu Textbook Corporation, wherein at page 146, it is stated as follows:

"Agrobacterium tumefaciens is a soil inhabiting bacterium and has Ti (tumor inducing) plasmid. Thisbacterium invades crops such as tomato, sunflower, brinjal and cotton and causes crown gall disease which is in the form of tumorous growth. For effective cloning of foreign genes by the plant cells, and for introduction of genes into plant system, Agrobacterium strains are modified by the removal of tumor  inducing genes from the bacterium. T-DNA is the part of Ti plasmid transferred into plant cell DNA."

62. The above statement in the text book does not in any manner support the case of the petitioners. A clear understanding of the above statement only supports the view expressed by the experts that Agrobacterium is not a gene at all but it is only a vector. Thus the challenge to the key answer fails and I hold that option (D) Bacillus is the correct answer.

63. The next challenge is to Q.No.91 in booklet 'D' series which reads as follows:

"91. The outer region of the old trees consists of (A) heart wood (B) sap wood (C) duramen (D) secondary cortex"

64. According to the answer key, option (B) "sap wood" is the correct answer. The petitioner would contend that option (D) "secondary cortex" is the correct answer. The learned counsel for the petitioners would rely on the Higher Secondary (Second year) Botany text book prescribed by Tamil Nadu Textbook Corporation, wherein, at pages 103  104 in the diagram it is shown that "secondary cortex" is the outermost part for an old tree. The experts, in their report submitted to this Court stated that the correct answer is option (B) "Sap wood". But they had no occasion to refer to the above text book relied on by the petitioners. As directed by this Court, the Experts appeared before this Court and after having gone through the text books and other books relied on by the petitioner's counsel, the Experts expressed their final opinion that option (D) "Secondary Cortex" is the correct answer.

65. A perusal of the structure of the wood as seen from the diagram in the book would go to show that the center of the tree is "hart wood", next comes "sap wood" and above the "sap wood", "cortex" is situated. In old trees, on the outer region of the "cortex", "secondary cortex" is formed. Thus, it is crystal clear that the outer region of an old tree is only "secondary cortex" and not "sap wood". The experts have submitted an additional report before this Court wherein they have stated as follows:-

"The outer region of old trees is periderm. The periderm consists of secondary cortex (phelloderm) and phellogen (cork cambium). Since (D) "secondary cortex" is given as one of the options, it may be considered as the correct answer.

In case of wood, the "sap wood" is the outermost region consisting of recently formed xylem elements.

Since the question specifically asked about the outer region of old trees, answer (D) "secondary cortex" may be treated as the correct answer."

66. Thus, from the opinion of the experts and from the text books, the petitioners have clearly demonstrated that option (D) "secondary cortex" is the correct answer and not option (B) "sap wood". Therefore, the petitioner is bound to succeed in the challenge. In the result, I hold that option (D) "secondary cortex" is the correct answer and those who have answered option (D) are entitled for mark and those who have answered option (B) "sap wood" are not entitled for mark.

67. The next challenge is to Q.No.97 in booklet 'D' series which reads as follows:

	"97. The rate of transpiration during low atmospheric pressure will
(A) decrease slowly     (B) decrease rapidly
     (C) increase	              (D) remain unaffected" 
		

68. According to the key answer, the correct answer is option (D) "remain unaffected". The learned counsel for the petitioners would rely on the Biology (Botany) book for the Higher Secondary first year course published by the Tamil Nadu Text Book Corporation wherein at page 200 it is stated as follows:

"Low atmospheric pressure increases the rate of transpiration. Water vapour from transpiring surfaces rapidly moves into the atmosphere which is at low pressure."

Relying on this, the learned counsel for the petitioners would contend that option (C) "increase" is the correct answer. The Experts in their first report have stated that the correct answer is option (D) "remain unaffected". The reason stated by them for the same is as follows:

"Atmospheric pressure does not alter the rate of transpiration. The positive effect of low atmospheric pressure is neutralised by the low temperature associated with it. Similarly, the negative effect of high atmospheric pressure is neutralised by comparatively higher temperature of the plains."

69. But the learned counsel for the petitioners would contend that the said opinion of the Experts cannot be accepted because the question has no reference as to whether it relates to a "hill area" or a "plain". Therefore, the experts were directed to be present before this Court to offer their further opinion, more so because they had not referred to the text book relied on by the petitioners. Having gone through the same, the experts submitted another report wherein they have stated as follows:

"The rate of transpiration during low atmospheric pressure remains unaffected in the hilly region. Since the temperature is low in the hilly region, the low atmospheric pressure does not alter the rate of transpiration. In plains, the temperature is high and so the low atmospheric pressure increases the rate of transpiration.

Since the question does not specifically mention hilly area or plains both options (C) "increase" and (D) "remain unaffected", may be treated as the correct answer. Ref: Fundamentals of Plant Physiology by Dr.V.K.Jain. Page No.67)"

70. A reference to the book known as "Fundamentals of Plant Physiology" by "Dr.V.K.Jain" at page No.67 would go to show that in Hill areas since temperature is low, the atmospheric pressure does not alter the rate of transpiration. But in plains, since the temperature is high, the atmospheric pressure itself increases the rate of transpiration. In the text book prescribed for Higher Secondary Course there is only a general statement. It is stated that how the atmospheric pressure increases the rate of transpiration. This has got no reference as to whether it relates to a hill area or a plain. It is because of the reason that the question does not specifically say whether it relates to a hill area or a plain, the experts have given the opinion that both options (C) "increase" and (D) "remain affected" will be treated as correct answers. If a candidate had in his mind that the question relates to plains, he would have been driven to answer option (C) "increase" as the correct answer. If yet another candidate had in his mind that the question relates to hill area, then he would have been driven to answer option (D) "remain unaffected" as the correct answer. Since the question does not specifically state as to whether it relates to plain or hill area, as opined by the experts, I am of the considered view that both options (C) "increase" and (D) "remain unaffected" are the correct answers. Therefore, I hold that those candidates who have written either option (C) "increase" or option (D) "remain unaffected" are entitled for mark.

71. The next challenge is to Question No.7 (Booklet 'D' series) which reads as follows:

"7. Consider the following statements:

(i) Mode fossils are petrifactions.

(ii) They are negative images of the organisms.

of these (A) statement (i) is true and (ii) is false (B) statement (i) is false and (ii) is true (C) both the statements (i) and (ii) are true (D) both the statements (i) and (ii) are false"

72. According to the key answer, option (B) is the correct answer. But, according to the petitioners, option (C) is the correct answer. The experts have stated that option (B) statement (i) is false and (ii) is true is the correct answer. They clarified that Mold are impressions, not petrifacations and they are negative images of the organisms. They also referred to page 40 from a book known as Pteridophyta, authored by P.C.Vashista, A.K.Sinha and Anil Kumar to support their opinion. In view of the said position, I hold that option (B) "statement (i) is false and (ii) is true" is the correct answer and accordingly those candidates who have written option (B) "statement (i) is false and (ii) is true" are entitled for mark.

73. The next challenge is to Question No.20 (Booklet 'D' series) which reads as follows:

"20. Chromosomes easily absorb (A) X-rays (B) UV-rays (C) ?-rays (D) ?-rays"

74. According to the key answer, option (A) is the correct answer. But, according to the petitioner, option (B) is the correct answer. The experts have stated that option (A) X-rays is the correct answer. In support of their opinion, they referred to page Nos.1224 and 1249 of a book known as "College Botany" Volume III authored by Dr.B.P.Pandey, wherein it is clearly stated that chromosomes will absorb X-rays. In view of the said position, I hold that option (A) "X-rays" is the correct answer and accordingly those candidates who have written option (A) "X-rays" are entitled for mark.

75. The next challenge is to Question No.24 (Booklet 'D' series) which reads as follows:

"24. The tautomeric DNA bases are uncommon and are formed by intramolecular rearrangement in the distribution of (A) 'O' atoms in the normal molecules (B) 'N' atoms in the normal molecules (C) 'H' atoms in the normal molecules (D) any of these atoms in the normal molecules"

76. According to the key answer, option (C) is the correct answer. But, according to the petitioners, option (B) is the correct answer. The experts have stated that option (C) 'H' atoms in the normal molecules is the correct answer. They have stated that the tautomertic DNA bases are uncommon and are formed by intramolecular rearrangement in the distribution of 'H' atoms in the normal molecules. In support of their opinion, they referred to page No.8.37 of a book known as "Genetics" authroed by Susan Elrod and William Stansfield (fourth edition). In view of the said position, I hold that option (C) 'H' atoms in the normal molecules is the correct answer and accordingly those candidates who have written option (C) 'H' atoms in the normal molecules are entitled for mark.

P H Y S I C S

77. Nextly, let us move on to the challenge to key answers in Physics. In respect of Physics subject also, the Board published answer key for all the questions (hereinafter referred to as first answer key) and since objections were raised in respect of certain key answers, after consulting experts another answer key was published (hereinafter referred to as second answer key).

78. The first challenge is to Question No.2 (Booklet 'A' series) which reads as follows:

"2. According to the theorem of equipartition of energy, the average energy corresponding to temperature T is (A) 1/2 (B) 3/2 kT (C) kT (D) kT/2"

79. As per the first answer key, the correct answer is option (D) "kT/2". In the second answer key, the said question has been omitted from valuation on the footing that none of the option was correct. The learned counsel for the petitioner would submit that option (D) is the correct answer and in order to support the said view, he relied on certain text books.

80. In view of the above position, this Court directed a Committee of Experts be constituted. Accordingly, a Subject Expert Committee consisting of Dr.K.Chitra, Associate Professor and HOD of Physics, Bharathi Women's College, Chennai, Mrs.S.Sarojini, Assistant Professor of Physics, Queen Mary's College, Chennai and Dr.K.V.Rajendran, Associate Professor, Presidency College, Chennai were constituted by the Director of Collegiate Education. After having examined the disputed questions and the answers, the Expert Committee submitted a report.

81. As far as Question No.2 is concerned, the Committee has stated that the question is fit to be deleted because framing of the question itself is incomplete. According to the experts, the correct framing of the question should have been as follows:

"According to the theorem of equipartition of energy, the average kinetic energy for each degree of freedom corresponding to temperature T is"

The experts have relied on an authoritative book known as "Concepts of Modern Physics" 6th edition written by Arthur Beiser, Shobhit Mahajan and S.Rai Choudhury. In the said book at page No.348, it is stated that "the average energy per degree of freedom of any classical object that is a member of a system of such object in thermal equilibrium at the temperature T is = kT". It is also stated that the average energy of an ideal-gas molecule is 3/2 kT. From this, the experts have explained to the Court that the difference lies as to whether the average energy relates to the degree of freedom of an ideal gas molecule. Since it is not specifically mentioned in the question as to whether the average energy mentioned in the question relates to each degree of freedom or an ideal gas molecule, the question is incomplete. The learned counsel for the petitioner is not able to dispute the above opinion of the experts. Therefore, I hold that the decision of the respondent Board to omit the said question from valuation is correct and it does not require any interference.

82. The next challenge is to Question No.13 (Booklet 'A' series) which reads as follows:

"13. The Lagrange's equation for conservative system

83. According to the answer key, all the options are wrong and the same was omitted from valuation. The experts have also stated that all the four options given in the question are wrong.

According to them the correct answer is :

The same is not found in any of the options. The experts also relied on page No.227 of a book known as "Introduction to classical mechanics" authored by R.G.Takwale & P.S.Puranik to support their opinion. Hence, I hold that the respondent Board was right in omitting this question from valuation.

84. The next challenge is to Question No.19 (Booklet 'A' series) which reads as follows:

"19. When the two frequencies are identical in small oscillations, the system is known as (A) resonance (B) oscillation (C) linear (D) degenerate

85. According to the answer key, all the options are wrong and the same was omitted from valuation. But, according to the petitioners, deletion is not correct. According to the experts the framing of the question itself is wrong and hence opined that the same should be omitted from valuation. They stated that the question should be framed as "When the two eigen frequencies are identical in small oscillations, the system is known as". They also referred to page No.354 of a textbook known as "Introduction to Classical Mechanics" authored by R.G.Takwale & P.S.Puranik, to support their opinion. Hence, I hold that the respondent Board was right in omitting this question from valuation.

86. The next question under challenge is Question No.22 (Booklet 'A' series) which reads as follows:

"22. For diatomic molecules, the allowed rotational energy is (A) h/8??2 Ic J(J+1) (B) h/8??2 I J(J+1) (C) h/8??2 Ic J(J-1) (D) h2/8??2 Ic J(J+1)"

87. According to the answer key, option (A) is the correct answer. In the second answer key, the said question has been omitted from valuation. According to the learned counsel for the petitioner, the correct answer is option (A). The experts have stated in their report that options (A) and (D) are the correct answers and therefore the question need not be deleted from valuation. To support their view, the experts have relied on page No.34 of a book known as "Fundamentals of Molecular Spectroscopy" by Banwell and McCash, 4th Edition. But when this Court perused page No.34 of the said book, it came to light that option 'D' is not a correct answer. Therefore, the experts were directed to appear before this Court again. Accordingly, they appeared before this Court and submitted a revised report in which they have opined as follows:

"The answer is h/8?2 Ic J(J+1) and hence answer 'A' alone is correct. But in the earlier report for the above said same question, the typewritten references was given with answers wherein A and D are the same formulae that is why we marked in our earlier report that A & D are correct. Today, i.e., on 07.09.2012, before this Hon'ble High Court it was referred by the Hon'ble Judge that "as per the question booklet  'A' series the answers A, B, C, D are different from each other and how we have given the different answers A & D"?. As already stated above, it is a mistake crept in the earlier set of typed form given to us. Hence, it requires rectification with our explanation.

Now the correct answer as per the question booklet available with the Hon'ble Court, answer A alone is correct. All other 3 answers B, C and D are incorrect.

Ref: Equation No.2.11, Page 34, Fundamentals of Molecular Spectroscopy, Aurthors: Banwell and McCash, 4th Edition, TATA Mc Graw Hill Publishers."

88. Option 'D' is h2/8??2 Ic J(J+1), but the correct answer can be Ej = h2/8??2 I J(J+1). Since in option 'D' instead of 8?2 I, 8?2 Ic is found, obviously, option 'D' is not the correct answer. Therefore, I agree with the second report of the experts, wherein they have stated that option 'A' alone is the correct answer. Accordingly, I hold that option (A) is the correct answer and those candidates who have answered option (A) h/8??2 Ic J(J+1) for this question alone are entitled for mark.

89. The next challenge is to Question No.33 (Booklet 'A' series) which reads as follows:

"33. The Fermi-Golden rule obtained using time dependent perturbation theory (A) is time-dependent (B) is time independent (C) depends on time harmonically (D) is partially time dependent

90. This question has been deleted from valuation stating that none of the option is correct. But according to the experts option (A) is time dependent is the correct answer. They also referred to page No.282 of a textbook known as "Textbook of Quantum Mechanics" authored by P.M.Mathews and K.Venkatesan wherein it is stated as follows: "The formula is what Fermi calls a 'Golden Rule'. Almost all calculations of intensities of spectral lines, and many of cross-sections of various processes, are based on the use of this rule. The formula (9.50) reads as follows:

The experts would explain that 't' used in the formula relates to time. Thus according to them, the correct answer is time dependent. When a specific query was made whether option (D) 'is partially time dependent' is also a correct answer, the experts would say that every factor in the formula is dependent on time and therefore option (A) "is time dependent" alone is the correct answer. In view of the said position, I hold that option (A) "is time dependent" is the correct answer and accordingly those candidates who have written option (A) "is time dependent" are entitled for mark.

91. The next challenge is to Question No.45 (Booklet series 'A') which reads as follows:

"45. In second order phase transition there is (A) no change in entropy (B) excess change in entropy (C) change in entropy (D) entropy zero"

92. According to both the key answers option (A) is the correct answer. It is disputed by the petitioner. The experts in their report have however stated that option (C) is the correct answer and option (A) is not the correct answer. They have stated that the transition in Zero Magnetic field from the super conducting state to the normal state is a second order phase transition. They referred to Page No.344 of the text book known as "Introduction to Solid State Physics" authored by Charles Kittel wherein it is stated that "The transition in zero magnetic field from the superconducting state to the normal state is observed to be a second-order phase transition." The experts have further stated that from Figure No.6 at Pg.342 it can be seen that there is change in the entropy in the superconducting state. A perusal of Figure No.6 at Pg.342 of the said book would clearly show that there is a change in entropy. But it is doubtful whether such change is excess change or a mere change. When the experts were called upon to explain the difference between excess change in entropy and change in entropy, they told the Court that there is no such benchmark. However, they have stated that question is only a generalized statement and the same does not refer to the specific materials. Therefore, according to them, it can be stated that both excess change in entropy and change in entropy are the correct answers. Thus, according to the experts both options (B) and (C) are the correct answers. I have thoroughly gone through the relevant portion of the text book and the opinion of the experts. I fully agree with the opinion of the experts. Thus, I hold that the experts opinion that options (B) & (C) are the correct answers needs to be accepted. In view of the same, I hold that option (B) excess change in entropy and option (C) change in entropy are the correct answers and therefore those candidates who have written either option (B) excess change in entropy or option (C) change in entropy are entitled for mark.

93. Next comes Question No.49 (Booklet 'A' series), which reads as follows:

"49. The energy difference between the ground state and the first excited state of an electron in one directional rigid box of length 1 A is (A) 113.5 eV (B) 115.0 eV (C) 150.8 eV (D) 113.1 eV"

94. In the first answer key option 'D' is mentioned as the correct answer, whereas, as per second key answer the question has been omitted from valuation. The experts in their original report have stated that approximate answer can only be provided since approximation of decimal digits are done at all levels of calculation. They have explained the same in their revised report as follows:

"Depending upon the approximation of decimal digits the correct values are LEVELS OF CALCULATION ANSWER OBTAINED IN eV Whole number 114 Single digit 113.1 Double digit 113.07 Triple digit 113.06 The experts have opined that the correct answer ranges from 113.061 to 114 eV depending upon the approximation of decimal digits taken at single, double and triple levels of calculation and also the whole number calculation (without decimal approximation). Hence, the correct answers are both option (A) and option (D), because they lie within this range."

95. To support their view, the experts have relied on two books known as "Modern Physics" authored by R.Murugeshan (page No.194) and "Mathematical Physics" authored by Sathya Prakash (page No.1170) and stated that the answer is arrived at by calculating the value by applying the formula En=n2h2/8mL2.

96. As has been stated by the experts, the answer varies depending upon the decimals taken at various levels of the calculation. Thus, I am of the view that the experts are right in their opinion that options (A) and (D) are correct answers. Therefore, I hold that options (A) and (D) are the correct answers and those candidates who have answered either option (A) 113.5 eV or option (D) 113.1 eV are entitled for mark.

97. The next challenge is to Q.No.80 (booklet 'A' series), which reads as follows:

"80. To separation in which the energy levels are equally spaced is (A) vibrational spectra (B) rotational-vibrational spectra (C) rotational spectra (D) electronic spectra"

98. As per the first answer key, option 'C' is the correct answer. But as per the revised second answer key, the question has been omitted from valuation. The experts in their report have stated that framing of the question itself is wrong. The question should have been framed as "Energy level separation are equally spaced in". In support of the same, the experts have relied on Page No.58 of the book known as "Fundamentals of Molecular Spectroscopy" (4th Edition) authored by Banwell and McCash. Since the experts have stated that the question itself is wrong, I do not find any reason to disagree with the second key answer. Thus according to me, the respondent Board was right in omitting Q.No.80 (booklet 'A' series) from valuation.

99. The next challenge is to Question No.98 (booklet series 'A') which reads as follows:

"98. The value of xP1n-1 + nPn-1 (x) is (A) Pn(x) (B) P1n(x) (C) P1n+1 (x) (D) P1n-1(x)"

100. According to both the answer keys, option (B) is the correct answer. This has been challenged by the petitioner. The experts have stated that option (B) is the correct answer. They referred to Page No.828 of the book known as "Mathematical Physics" by B.D.Gupta, wherein it is clearly demonstrated that option (B) is the correct answer. Therefore, for Question No.98 (booklet series 'A'), I hold that option (B) P1n(x) is the correct answer.

101. Next comes the disputed Question No.99 (Booklet 'A' series) which reads as follows:

"99. According to Hermite Polynomial, H2n (O) is (A) 1n2n!/n! (B) 2n!/n! (C) (-1)n 2n/n! (D) (-1)n 2n!/n!

102. According to the first key answer option (D) is the correct answer, whereas according to the revised second answer key, the question itself has been omitted from valuation. The experts in their report have stated that the question need not be deleted because the correct answer is 'D'. They relied on a book known as "Mathematical Physics" (4th Edition) authored by B.D.Gupta at Page 8.123. The petitioner has relied on a book known as "Mathematical Physics" at page 484, wherein also from the solved examples, it could be seen that option 'D' is the correct answer. The respondent Board is not able to say anything against the experts opinion. Therefore, I find that the omission of this question from valuation is wrong. Hence I hold that the correct answer is option 'D'. Therefore, those candidates who have answered option (D) (-1)n 2n!/n! are entitled for mark.

103. The next challenge is to Question No.72 (Booklet 'C' series) which reads as follows:

"72. The expression y = (AB (C + BD) + A B) C can be simplified to ?

(A) B C (B) A + B C (C) B + A B (D) B C (A+C)

104. According to the key answer, option (A) is the correct answer. But, according to the petitioners, option (D) is the correct answer. The experts have stated that option (A) B C is the correct answer. They also referred to a derivation at page Nos.21.23 and 21.27 in the book known as "Electronic Devices and Circuits" authored by Sanjeev Gupta and Santhosh Gupta, to support their opinion. In view of the said position, I hold that option (A) is the correct answer and accordingly those candidates who have written option (A) are entitled for mark.

P O L I T I C A L S C I E N C E

105. Now let us move on to the challenges to the key answers in Political Science. Since the petitioners made out prima facie case by referring to text books, this Court directed constitution of a Committee of Experts to examine the same. Accordingly, a Subject Expert Committee consisting of Mr.K.Balamurugan, Assistant Professor, Department of History, Presidency College, Chennai, Dr.S.Prabu Shankar, Assistant Professor of Education, Department of Education, Institute of Advanced Study in Education, Saidapet, Chennai and Dr.K.Vatchala, Assistant Professor of History, Quaid-e-Millath Government College of Women, Anna Salai, Chennai was constituted by the Director of Collegiate Education. After having examined the disputed questions and the answers, the Experts have submitted a report.

106. The challenge is to Question No.75 (Booklet 'A' series) which reads as follows:

"75. How is the Secretary General of the UNO appointed ?

(A) Security Council appoints the Secretary General on the recommendations of the General Assembly.

(B) General Assembly appoints the Secretary General on the recommendations of the Judges of International Court of Justice.

(C) General Assembly appoints the Secretary General on the recommendations of the Security Council.

(D) Security Council appoints the Secretary General on the recommendations of the Judges of International Court of Justice.

107. According to the key answer, option (C) is the correct answer. But, according to the petitioner, option (A) is the correct answer. The experts have stated that option (C) is the correct answer. This is supported by the UNO charter also. In view of the same, the key answer does not require any interference at the hands of this Court. The challenge to this question accordingly fails and I hold that option (C) General Assembly appoints the Secretary General on the recommendations of the Security Council is the correct answer.

E C O N O M I C S

108. Now let us move on to the challenges to the key answers in Economics. Since the petitioners made out prima facie case by referring to text books, this Court directed constitution of a Committee of Experts to examine the same. Accordingly, a Subject Expert Committee consisting of Ms.M.Jagadeeswari, Assistant Professor in Economics, Bharathi Women's College, Chennai  600 108, Dr.A.Vijayakanth, Assistant Professor in Economics, Government Arts College for Men, Nandanam, Chennai  600 035, Dr.C.Theerthalingam, Assistant Professor in Economics, Government Arts College for Men, Nandanam, Chennai  600 035, was constituted by the Director of Collegiate Education. After having examined the disputed questions and the answers, the Experts have submitted a report.

109. The first challenge is to Question No.7 (Booklet 'C' series) which reads as follows:

"7. Imperfect competition was introduced by (A) Marshall (B) Keynes (C) Chamberlin (D) none of them.

110. According to the key answer, options (C) & (D) are the correct answers. But, according to the petitioner, option (C) is the correct answer. The experts have stated that option (C) Chamberlin alone is the correct answer. The experts have explained that Professor E.H.Chamberlin and Joan Robinson worked quite independently and brought out simultaneously the theory of "Monopolistic Competition" and "The Economics of Imperfect Competition" respectively. Though both the economists are associated with imperfect competition market, Professor Chamberlin's name exists in the question. Hence option (C) "Chamberlin" is the correct answer. They also referred to page No.704 of a book known as "Advance Economic Theory  Micro Economic Analysis" authored by H.L.Ahuja, to support their opinion. In view of the said position, I hold that option (C) "Chamberlin" is the correct answer and accordingly those candidates who have written option (C) "Chamberlin" alone are entitled for mark.

111. The next challenge is to Question No.63 (Booklet 'C' series) which reads as follows:

"63. Per capita income of India is (A) $ 200 (B) $ 350 (C) $ 430 (D) $ 600.

112. According to the key answer, the question is deleted from valuation. But, according to the petitioners, option (C) is the correct answer. The experts have stated that the year has not been specified in the question and so the same may be omitted from valuation. I concur with the opinion of the experts. Therefore, I hold that the question has been rightly omitted from valuation.

113. The next challenge is to Question No.103 (Booklet 'C' series) which reads as follows:

"103. Insurance can be taken in case of (A) uncertainty (B) certainty (C) risk (D) none of these.

114. According to the key answer, options (A) and (C) are the correct answers. But, according to the petitioners, option (C) is the correct answer. The experts have stated that option (C) risk alone is the correct answer. They have clarified that insurance can be taken in case of risk. Insurance is an arrangement under which equal facing common risks come together and make their small contribution to the common fund. Any person will avoid the risk by buying insurance. When a person gets an insurance policy he pays to escape or avoid risk. 'Uncertainty' is a situation where possibility cannot be measured, whereas, in 'risk' there are more than one possible outcomes and the risk taker is aware of all possible happenings and knows the probability of each occurring. They also referred to Page No.1.1. In Chapter  1 'Introduction to Insurance' in a book known as "Elements of Insurance" by A.Murthy, to support their opinion. We need to note that the question does not confine to third party risks or risks of any other kind. It takes into its ambit life insurance also. Life insurance relates to uncertainty in life. The Hon'ble Supreme Court in Chandulal Harjivandas Vs. CIT, AIR 1967 SC 816 has interpreted the term Life Insurance as follows:-

Life Insurance in a broader sense comprises any contract in which one party agrees to pay a given sum upon happening of a particular event contingent upon the duration of human life, in consideration of the immediate payment of a smaller sum or certain equivalent periodical payment by another [Emphasis supplied] Here, happening of an event like death is uncertain. Therefore, I hold that option A uncertainty is also a correct answer. In view of the said position, I hold that option (A) Uncertainty as well as option (C) "risk" are the correct answers and accordingly those candidates who have written option (A) Uncertainty or option (C) "risk" are entitled for mark.

M A T H E M A T I C S

115. Now let us move on to the challenges to the key answers in Mathematics. Since the petitioners made out prima facie case by referring to text books, this Court directed constitution of a Committee of Experts to examine the same. Accordingly, a Subject Expert Committee consisting of Dr.A.Uma Maheswari, Associate Professor, Department of Mathematics, Quaid-E-Millath Government College for Women, Chennai  600 002, and Dr.K.Vasudevan, Associate Professor, Department of Mathematics, Presidency College, Chennai  600 005, was constituted by the Director of Collegiate Education. After having examined the disputed questions and the answers, the Experts have submitted a report.

116. The first challenge is to Question No.17 (Booklet 'B' series) which reads as follows:

"17. Pascal's distribution P (x) = -k C x P k (-q)x, x=0, 1, 2,... becomes a negative binomial distribution if.

(A) k > 0, k need not be an integer (B) k < 0 (C) k = 0 (D) k is an integer.

117. According to the key answer, option (A) is the correct answer. But, according to the petitioners, option (D) is the correct answer. According to the experts, the question has not been properly framed and it does not convey any sense at all, therefore the same needs to be deleted. According to them, Pascal's distribution is a special case of Negative Binomial distribution. Therefore the proper framing of the question should have been the negative binomial distribution becomes the Pascal distribution if 'k' is an integer, instead, the question is framed as Pascal's distribution becomes a negative binomial distribution if 'k' is an integer. If 'k' is an integer, as per the experts, the negative binomial distribution becomes Pascal's distribution and not vice versa. Therefore, according to them, none of the option is a correct answer and the question needs to be omitted from valuation.

118. To support their view, the experts placed reliance on a text book known as "Probability Theory and Mathematical Statistics" authored by Marek Fisz, wherein, at page Nos.166, 167 and 168 Pascal's distribution is clearly dealt with. Even for a non-expert, a reading of these three pages would make it understandable that option (A) cannot be the correct answer. Thus, I concur with the opinion of the experts. Therefore, I hold that none of the option is a correct answer and the question needs to be omitted from valuation.

H I S T O R Y

119. Now let us examine the challenges to the key answers in History. Since the petitioners made out prima facie case by referring to text books, this Court directed constitution of a Committee of Experts to examine the same. Accordingly, a Subject Expert Committee consisting of Mr.K.Balamurugan, Professor, Department of History, Presidency College, Chennai  5 and Dr.K.Vatchala, Assistant Professor of History, Quaid-e-Millath Government College of Women, Anna Salai, Chennai was constituted by the Director of Collegiate Education. After having examined the disputed questions and the answers, the Experts have submitted a report.

120. The first challenge is to Question No.8 (Booklet 'D' series) which reads as follows:

"8. When did Japan surrender ?

(A) 14th August, 1945 (B) 15th August, 1945 (C) 16th August, 1945 (D) 10th August, 1945"

121. According to the answer key none of the options is correct and therefore the question has been omitted from valuation. But the learned counsel for the petitioner would rely on a book "History of Europe" authored by Vidya Dhar Mahajan published by S.Chand & Co. wherein at page 576, it is stated that "On 14th August, 1945, Japan surrendered unconditionally". The learned counsel for the petitioner further relies on a textbook prescribed for 'Higher Secondary  First Year' by the Tamil Nadu Textbook Corporation, wherein, at page 101 it is stated as follows "Following this Japan surrendered on 14th August 1945.". From this the learned counsel would submit that option (A) "14 August, 1945" is the correct answer. According to the experts, none of the option is correct. The experts have referred to a text book known as "History of Asia From Early Times to the Present" by B.V.Rao. According to the experts, supported by the above book, Japan surrendered on 2nd September, 1945. The experts have explained that General Douglas Mac Arthur, the Supreme Commander of the Allied Forces in the Asia Pacific Region accepted the formal Japanese surrender on September 2nd 1945. Thus, according to the experts, actual surrender of Japan was effected only on September 2nd 1945, but the same is not found in any one of the options to this question. Therefore, the question needs to be omitted from valuation. In view of the same, I hold that the respondent Board was right in omitting Question No.8 (Booklet 'D' series) from valuation and the same does not require any interference at the hands of this Court.

122. The next challenge is to Question No.26 (booklet series 'D'), which reads as follows:

"26. When Hyderabad acceded to the Indian Union ?

(A) 15th August, 1947 (B) 26th December, 1950 (C) 26th January, 1950 (D) 26th January, 1957"

123. According to answer key, option (C) is the correct answer. This is disputed by the petitioner. The experts have, in their report, stated that option (C) is the correct answer. They have referred to a book known as "An Advanced History of India" by R.C.Majumdar, H.C.Raychaudhury and Kalikinkar Datta, wherein, it is stated that on 26th January, 1950 Hyderabad acceded to Indian Union. But the petitioner's counsel relied on a History text book prescribed for Plus Two Course by the Tamil Nadu Text Book Corporation, wherein at Page 206, it is stated that in the year 1948, Indian troops barge into Hyderabad. Thereafter, Hyderabad Nizam surrendered and eventually Hyderabad was acceded to Indian Union. This in my considered opinion, does not support the petitioner's case at all in any manner. Even according to the said statement, Indian troops, of course, barged into Hyderabad in the year 1948. It may be true that Hyderabad Nizam surrendered in 1948. But it is not stated in the book that Hyderabad was acceded to Indian Union in 1948. The learned counsel further relied on a Social Science text book prescribed for Tenth Standard course by the Tamil Nadu Text Book Corporation, wherein at Page 126, there is a statement that Hyderabad joined Indian Union in 1948. The learned Special Government Pleader for the respondents produced a book known as "History of Freedom Struggle in Princely States of India" published by the Institute of Historical Research of Freedom Struggle, wherein, at Page No.680, it is stated that "When the Constitution of India came into force on January 26, 1950, Hyderabad State became part of the Union of India". Therefore, I hold that option (C) 26th January, 1950 is the correct answer and those candidates who have answered option (C) 26th January, 1950" are entitled for mark.

124. Next challenge is to Question No.63 (Booklet series 'D'), which reads as follows:

"63. What is the name of the military department under Vijayanagar Rule ?

(A) Kandachara (B) Diwan-i-Ariz (C) Dandanayak (D) None of them"

125. According to the key answer, option (A) is the correct answer. The petitioner disputes the same. The experts have stated that option (A) is the correct answer. They relied on a book known as "An Advanced History of India" by R.C.Majumdar, H.C.Raychaudhury and Kalikinkar Datta, wherein, it is stated that "the rulers of Vijayanagar had a carefully organised military department, called Kandachara. A perusal of the book would clearly support the view of the experts. The learned counsel for the petitioner is not in a position to dispute the same. Therefore, I hold that option (A) Kandachara is the correct answer and therefore the challenge to this key answer fails.

126. The next challenge is to Question No.102, (booklet series 'D') which reads as follows:

"102. Who were the Chief Actors in the prologue to the drama of Reformation?

(A) Savanarola and John Wycliffe (B) John Huss and Peter Waldo (C) Peter Waldo and Wycliffe (D) Erasmus and Reuchlin"

127. According to the key answer, none of the option is correct and therefore the question has been omitted from valuation. It is challenged by the petitioner. The experts in their report have stated that option (D) is the correct answer. They relied on a book known as "History of World Civilization" by J.E.Swain, wherein, at page 376, it is stated that "Reuchlin and Erasmus were the chief actors in the prologue to the drama of Reformation. The respondent Board is not able to dispute the opinion of the experts. Therefore, I hold that option (D) Erasmus and Reuchlin is the correct answer and those students who have answered option 'D' Erasmus and Reuchlin are entitled for mark.

128. The next challenge is to Question No.7 (Booklet 'B' series) which reads as follows:-

		"7. Who gifted a village to 128 Brahmins and named 		      it Avani Venda Chaturvedi Mangalam ?
			(A) Maravarman Sundara Pandya
			(B) Maravarman Kulasekharan - I
			(C) Jatavarman Sundara Pandya
			(D) None of them.

129. According to the key answer, option (B) is the correct answer. But, according to the petitioners, option (B) is not the correct answer. The experts have stated that option (B) Maravarman Kulasekharan - 1 is the correct answer. They also referred to a book known as History of Pandyas authored by Dr.K.V.Raman, to support their opinion. In view of the said position, I hold that option (B) "Maravarman Kulasekharan-I" is the correct answer and accordingly those candidates who have written option (B) "Maravarman Kulasekharan-I" are entitled for mark.

130. The next challenge is to Question No.13 (Booklet 'B' series) which reads as follows:

"13. The ship Lusitania belonged to which country ?

(A) Britain (B) America (C) Germany (D) France.

131. According to the key answer, option (A) is the correct answer. But, according to the petitioners, option (B) is the correct answer. The experts have stated that option (A) Britain" is the correct answer. The learned counsel for the petitioner would rely on a textbook on Social Science prescribed for 10th Standard by the Government of Tamilnadu, School Education Department, wherein, at page 70 it is stated that In 1971, Germany drowned four merchant ships of America, including Lusitania with her submarines. More than hundred Americans died in this incident. The book further reads that this incident made the American President Woodrow Wilson angry and on 6th April, 1917 Woodrow Wilson declared war on Germany. In the same page, the picture of the ship Lusitania has been printed and under the picture it is stated that "Lusitania, an American Ship". The learned counsel further relied on another book known as History of Modern Europe Since 1789 authored by Vidya Dhar Mahajan wherein at page 508 it is stated that "The Lusitania, an American ship, was torpedoed by a German submarine and consequently many Americans lost their lives. There was a lot of resentment in the U.S.A. and that enabled President Wilson to declare war against Germany". Relying on these two books, the learned counsel for the petitioner submitted that option (B) alone is the correct answer. But the experts would submit that option (A) is the correct answer. They would rely on a book known as "History of the World" by H.G.Wells, Volume 4, Atlantic Publishers, wherein it is stated that "In May 1915, they sank the great passenger liner, the "Lusitania" without any warning, drowning a number of American citizens." In the same book it is stated that the ship was a British ship which was carrying Americans. The experts would say that the ship actually belonged to Britain and since the ship was carrying Americans and as many Americans died, the American President declared war against Germany.

132. I have considered the above submissions. In the books prescribed by the Government it has been stated that it was an American ship but in the books relied on by the experts, it is stated that the ship belongs to Britain. I am convinced that the ship belonged to Britain. I am of the view that the candidates who answered option (B) "America" cannot be denied mark because they relied on the book prescribed by the Government of Tamil Nadu. The experts present in the Court would tell that it is a mistake in the text book prescribed by the Government. I am of the considered opinion that for the mistake committed by the Government the candidates should not be penalized. Therefore, I hold that those candidates who have written either option (A) "Britain" or option (B) "America" are entitled for mark.

133. The next challenge is to Question No.28 (Booklet 'B' series) which reads as follows:

"28. Which among the following statements is wrong ?

(A) Asoka saw Dhamma as piety resulting from good deeds inspired by formal religious beliefs.

(B) Asoka saw Dhamma as an attitude of social responsibility.

(C) To implement the policy of Dhamma Asoka instituted his officer of Dhamma.

(D) The policy of Dhamma did not succeed, because it failed to provide solution to the problems.

134. According to the key answer, option (A) is the correct answer. But, according to the petitioner, option (D) is the correct answer. The experts have stated that option (A) Asoka saw Dhamma as piety resulting from good deeds inspired by formal religious beliefs is the correct answer. They would clarify that Dhamma was Asoka's own invention. It may have been inspired by Buddhist and Hindu thought, but it was in essence a fervent plea on the part of the king to suggest a way of life which was both practical and moral. Thus his Dhamma has pragmatic and intensely ethical; it was not a mere paraphrase of Buddhist principles. They also referred to a book known as "Ancient Indian History & Civilization" by S.N.Sen, to support their opinion. In view of the said position, I hold that option (A) "Asoka saw Dhamma as piety resulting from good deeds inspired by formal religious beliefs" is the correct answer and accordingly those candidates who have written option (A) "Asoka saw Dhamma as piety resulting from good deeds inspired by formal religious beliefs" are entitled for mark.

135. The next challenge is to Question No.29 (Booklet 'B' series) which reads as follows:

"29. Who was the founder of Saka era ?

(A) Vikramaditya (B) Kanishka (C) Kadphises II.

(D) Chandragupta Maurya.

136. According to the key answer, option (C) is the correct answer. But, according to the petitioners, option (B) is the correct answer. The experts have stated that option (B) Kanishka is the correct answer. To support their opinion, they referred to a book known as Ancient Indian History and Civilization authored by S.N.Sen, wherein at page 166, it is stated that It is therefore, better to accept the theory of Fergusson, Oldenberg, Rapson, Thomas and others that Kanishka rules in the first century A.D. and was the founder of the Saka era of A.D.78. In view of the said position, I hold that option (B) "Kanishka" is the correct answer and accordingly those candidates who have written option (B) "Kanishka" are entitled for mark.

137. The next challenge is to Question No.33 (Booklet 'B' series) which reads as follows:

"33. When did the British Parliament pass the Indian Independence Act ?

(A) July 5, 1947 (B) July 18, 1947 (C) July 20, 1947 (D) August 15, 1947

138. According to the key answer, option (B) is the correct answer. But, according to the petitioners, option (A) is the correct answer. The experts have stated that option (A) July 5, 1947 is the correct answer. I have perused a copy of the Indian Independence Act, 1947, which shows that it was passed by the British parliament on July 5, 1947 but the Royal Assent was given only on July 18, 1947. The question is not in respect of the date of Royal Assent, but the date of passing of the same by the British Parliament. Therefore option (A) July 5, 1947 is the correct answer. In view of the said position, I hold that option (A) "July 5, 1947" is the correct answer and accordingly those candidates who have written (A) "July 5, 1947" are entitled for mark.

139. The next challenge is to Question No.88 (Booklet 'B' series) which reads as follows:

"88. When did Swami Vivekananda start Ramakrishna Mission ?

(A) 1896 (B) 1897 (C) 1875 (D) 1878

140. According to the key answer, option (B) is the correct answer. But, according to the petitioners, option (A) is the correct answer. The experts have stated that option (B) 1897 is the correct answer. They also referred to a text book known as A New Look at Modern Indian History authored by B.L.Grover and S.Grover to support their opinion. In view of the said position, I hold that option (B) "1897" is the correct answer and accordingly those candidates who have written option (B) "1897" are entitled for mark.

141. The next challenge is to Question No.104 (Booklet 'B' series) which reads as follows:

"104. The term 'Chaugan' was connected to which of the following rulers ?

(A) Mohammad Ghori (B) Qutbuddin Aibek (C) Iltutmish (D) Balban

142. According to the key answer, option (B) is the correct answer. But, according to the petitioners, option (A) is the correct answer. The learned counsel for the petitioner would submit that "the second battle of Tarain was a major disaster for the Rajputs (1191-1192). Their political prestige suffered a serious setback. The whole Chaugan kingdom now lay at the feet of the invader." Relying on this, the learned counsel for the petitioner would submit that invader referred to above was "Mohammed Ghori" and therefore option (A) is the correct answer. The experts have stated that option (B) Qutbuddin Aibek is the correct answer. They would explain that Chaugan is a family name of Rajputs. But the question does not refer to Prithiviraj Chaugan. By referring to a text book known as An Advanced History of India by R.C.Majumdar, wherein at page 272 it is stated that Quth-ub-din became a purely Indian Sultan. He died at Lahore, early in November 1210, in consequence of a fall from his horse while playing Chaugan or Polo after a short reign of a little more than four years. But the experts do not rule out that Mohammed Ghori fought with Prithiviraj Chaugan and won the battle. The question has no specific reference as to whether it is a 'war' or 'play', it only states as Chaugan. The term Chaugan can be referred both to Privitiraj Chaugan and the death caused to Quth-ub-din while playing Chaugan. Therefore, in my considered opinion, since the question is not very clear, it indicates that both option (A) Mohammed Ghori and option (B) Qutbuddin Aibek are correct. Therefore, I hold that both options (A) Mohammed Ghori and (B) Qutbuddin Aibek are the correct answers and accordingly those candidates who have written either option (A) Mohammed Ghori or option (B) Qutbuddin Aibek are entitled for mark.

C O M M E R C E

143. Now let us move on to the challenges to the key answers in Commerce. Since the answers in the answer key was disputed by the petitioners, this Court directed a Committee of Experts be constituted. Accordingly, a Subject Expert Committee consisting of Dr.V.Hamsaveni, Assistant Professor of Commerce, Bharathi Women's College, Chennai, Dr.N.Premila, Assistant Professor of Commerce, Queen Mary's College, Chennai and Dr.C.Ramamurthy, Assistant Professor of Commerce, Government Arts College for Men, Nandanam, Chennai was constituted by the Director of Collegiate Education. After having examined the disputed questions and the answers, the Experts have submitted a report.

144. The first challenge is to Question No.5 (Booklet 'C' series) which reads as follows:

"5. Match List I correctly with List II and select your answer using the codes given below List I List II

a) Historical cost 1. Variable cost

b) Budgetary control 2. Cost control

c) Marginal costing 3. Evaluate performance

d) Standard costing 4. Reveals deviations.

Codes:

a b c d (A) 2 3 1 4 (B) 3 4 2 1 (C) 1 3 2 4 (D) 3 4 1 2

145. This question has been omitted from valuation (vide, key answer). According to the petitioners, since the question itself is wrong, they are entitled for full marks for having attempted the said question. But the experts have opined that the correct answer is option (D). In support of their opinion, they have relied on a text book known as Cost Accounting. A perusal of the same at Pg.1.26 would go to show that the experts are right. Therefore, I hold that option (D) a=3, b=4, c=1 and d=2 is the correct answer and so those candidates who have answered option (D) a=3, b=4, c=1 and d=2 are entitled for mark.

146. The next challenge is to Question No.10 (Booklet 'C' series) which reads as follows:

	"10. On the basis of figures given, state which Project is profitable under net present value method
		      Project I 	Project II   Project III
Present value of
future cash inflow   53,400 	56,800	     58,900 
Initial investment   50,000	50,000	     50,000

(A)		Project I	(B) Project II
(C) 		Project III	(D) All 3 projects

147. According to the answer key, the correct answer is option (C). But the petitioners would contend that option (D) is the correct answer. Originally, experts opined that option (C) is the correct answer. But when they appeared before the Court, they said that all the three projects viz., Project I, Project II and Project III are profitable and the more profitable is option (C). But the question is not with reference to the project which is more profitable. Instead, the question is which project is profitable. The experts further submitted that Projects I, II and III are all profitable. Therefore, option (D) All 3 projects is the correct answer. I concur with the same. In view of the same, I hold that option (D) All 3 Projects is the correct answer and so those candidates who have answered option (D) All 3 Projects are entitled for mark.

148. The next challenge is to Question No.83 (Booklet 'C' series) which reads as follows:

83. Which one of the following is not a current liability?

(A) Creditors (B) Loan installment payable in current year (C) Temporary Bank Loan (D) Arrears of preference dividend.

149. According to the key answer, option 'B' is the correct answer. The learned Counsel for the petitioner would submit that option 'D' Arrears of preference dividend alone is the correct answer. In the written statement made by the learned counsel for the petitioner it is stated that the loan installment payable during the current year shall be construed as current liability only for the purpose of accounting. The experts, present in the Court, would say that loan liability is to be adjusted this year for the purpose of accounting and the same shall not be treated as current liability. The experts would say that any loan secured during the current year and any liability arises therefrom and adjusted in the same year alone will be treated as current liability for the purpose of accounting. On the other hand, if any loan secured either one year before or some time before, even the same becomes due during the current year or even if there is any installment which has become due during the current year, for the purpose of accounting, that will not be treated as a liability for the current year and the same will be treated only as a long term liability. In view of the above view of the experts, I concur with them and reject the argument of the learned counsel of the petitioner. Therefore, I hold that option 'B' Loan installment payable in current year is the correct answer and and so those candidates who have answered option 'B'  Loan installment payable in current year are entitled for mark.

150. The next challenge is to Question No.91 Booklet 'C' series which reads as follows:


	91. The account that includes the imports and exports of visible items during a given year is
	(A) Current Account    (B) Capital Account
	(C) Trade Balance       (D) Account of Trading

151. According to the key answer, option 'A' is the correct answer. But according to the learned Counsel for the petitioner, option 'C' is the correct answer. The Experts have filed a report dated 27.09.2012, wherein they have stated that both option (A) Current Account and option (C) Trade Balance are the correct answers. They also agreed that the text book International Economics authored by Dr.S.Sankaran, relied on by the learned counsel for the petitioner, is a standard book and the same has been prescribed by Madras University. It is stated in the said book that Trade Balance includes imports and exports of visible items during a given year. Trade Balance itself is included in the current account. Therefore, according to them option (A) Current Account and option (C) Trade Balance are the correct answers. As per page 7.9 of the said book, the structure of Balance of Payment accounts in India consists of (i) Trade Balance, (ii) Current Account (iii) Capital Account and (iv) Account of financing. According to the book, Trade Balance includes the imports and exports of visible items during a given year. Thus, the current account includes trade balance. The experts opined based on the above text book and out of their expertise that both option (A) Current Account and option (C) Trade Balance are the correct answers. In view of the above, I hold that option (A) Current Account and option (C) Trade Balance are the correct answers and therefore those candidates who have answered either option (A) Current Account or option (C) Trade Balance are entitled for mark.

G E O G R A P H Y (MDU)

152. Now let us move on to the challenges to the key answers in Geography. Since the petitioners made out prima facie case by referring to text books, this Court directed constitution of a Committee of Experts to examine the same. Accordingly, a Subject Expert Committee consisting of Dr.R.Shyamala, Assistant Professor of Geography, Bharathi Womens College, Chennai  600 108 and Mr.B.Vasudevan, Assistant Professor of Geography, Presidency College, Chennai  600 005, was constituted by the Director of Collegiate Education. After having examined the disputed questions and the answers, the Experts have submitted a report.

153. The first challenge is to Question No.71 (Booklet 'A' series) which reads as follows:

	"71. Economic activities which add form utility to the materials produced are in 
	(A) secondary activity 
	(B) teritiary sector 
	(C) primary sector 				(D)quaternary sector.

154. According to the first key answer, option (C) is the correct answer. But, according to the petitioners, option (A) is the correct answer. According to the revised second key answer, Option (A) is the correct answer. The experts have stated that option (A) Secondary activity is the correct answer. The experts would say that Secondary production is manufacturing, including creation of energy and also including construction of buildings. This activity involves the charging of individual materials, or the combining of different materials, into more useful or desirable products. The form of the original materials is therefore changed in the manufacturing process, and their value usually is increased. They also referred to page No.4 of a text book known as The Geography of Economic Activity third edition, authored by Richard S. Thoman and Peter B. Corbin, to support their opinion. In view of the said position, I hold that option (A) "Secondary activity" is the correct answer and accordingly those candidates who have written option (A) "Secondary activity" are entitled for mark.

155. The next challenge is to Question No.103 (Booklet 'A' series) which reads as follows:

"103. Image processing is a ........... part of most remote sensing operations.

(A) Vital (B) Task (C) Tone (D) Pictorial.

156. According to the key answer, option (A) is the correct answer. But, according to the petitioners, option (D) is the correct answer. The experts have stated that option (A) vital is the correct answer. In support of their opinion, they also referred to a book known as Remote Sensing and Geographical Information System authored by A.M.Chandra and S.K.Ghosh wherein in Chapter 6.2 it is clearly stated that Image processing is a vital part of most remote sensing operations. I do not find any reason to disagree with the experts. In view of the same, I hold that option (A) "Vital" is the correct answer and accordingly those candidates who have written option (A) "Vital" are entitled for mark.

157. The next challenge is to Question No.108 (Booklet 'A' series) which reads as follows:

"108. Eastern Ghats and Western Ghats meet at (A) Nilgiris (B) Yercaud (C) Yelagiri (D) Anaimudi.

158. According to the key answer, options (A) and (D) are the correct answers. But, according to the petitioner, option (A) is the correct answer. The experts also have stated that option (A) Nilgiris is the correct answer. In support of their opinion, they have relied on a book known as jkpH; ehl;od; g[tpapay; authored by rf;jp bt';fl FkhuRthkp wherein at page 7 it is stated that nkw;F kiyj;bjhlUk; fpHf;F kiyj;bjhlUk; ePyfpup khtl;lj;jpy; xU kiy Kor;rpapy; xd;W nru;fpd;wd/. Further Anaimudi in Anaimalai which is exclusively in the western ghats. I hold that option (A) "Nilgiris" is the correct answer and accordingly those candidates who have written option (A) "Nilgiris" alone are entitled for mark.

E N G L I S H

159. Now let us move on to the challenges to the key answers in English. Since the petitioners made out a prima facie case by referring to text books, this Court directed constitution of a Committee of Experts to examine the same. Accordingly, a Subject Expert Committee consisting of Dr.P.Kulalmoliyal, Head and Associate Professor of English, Queen Mary's College, Chennai  600 004, Mr.P.Asaithambi, Associate Professor of English, Presidency College, Chennai  600 005, and Ms.J.Mangaiyarkarasi, Assistant Professor of English, Ethiraj College, Chennai  600 008 was constituted by the Director of Collegiate Education. After having examined the disputed questions and the answers, the Experts have submitted a report.

160. The first challenge is to Question No.27 (Booklet 'B' series) which reads as follows:

"27. The .......... is an answer to Gosson's the School of Abuse.

(A) Apologie for Poetrie (B) Essay on Dramatic Poesy (C) Defence of Poetry (D) The Study of Poetry.

161. According to the key answer, options (A) & (C) are the correct answers. But, according to the petitioner, option (A) alone is the correct answer and option (C) is a wrong answer. The experts in their report, by making a reference to page No.344 of a book known as "The Oxford Companion to English Literature" edited by Sir Paul Harvey, would say that Gosson and Philip Sidney are contemporaries, belonging to 16th century and Apologie for poetrie is an answer to 'the school of abuse'. Hence, option (A) is the correct answer. According to the experts, option (C) cannot be a correct answer because 'defence of poetry' was a book written by Alexander Pope who belonged to a different century. I concur with the contention of the petitioner and the experts. Therefore, I hold that option (A) "Apologie for Poetrie" is the correct answer and accordingly those candidates who have written option (A) "Apologie for Poetrie" alone are entitled for mark.

162. The next challenge is to Question No.58 (Booklet 'B' series) which reads as follows:

"58. In "Because I Could Not Stop for Death", death is portrayed as a (A) friend (B) caller (C) enemy (D) suitor.

163. According to the key answer, none of the option is correct and therefore the question has been deleted. But, according to the petitioners, options (A), (B) & (D) are the correct answers. The experts in their report would say that option (D) alone is the correct answer. According to them, "Because I could not stop for Death" is a poem written by "Emily Dickinson". In the said poem, death has been described as a lover. According to them, it is a unique poem in which the speaker expresses her feelings towards death. The experts would further say that death in the poem is defined as a suitor and they would further explain that this is the only poem where death is defined as a suitor, whereas, in all other poems the author treats death as a friend. Therefore, according to the experts, option (D) Suitor is the correct answer. With my limited knowledge in English poetry, I have also gone through the poem which consists of six stanzas and I am also convinced that the experts are right. In view of the above, I hold that option (D) "Suitor" is the correct answer and accordingly those candidates who have written option (D) "Suitor" alone are entitled for mark.

EDUCATIONAL METHODOLOGY AND GENERALKNOWLEDGE (COMMON QUESTIONS TO ALL CANDIDATES)

164. The first challenge is to Q.No.119 - Booklet 'A' series - Tamil ; Question No.119 - Booklet 'A' series  Physics; Question No.129 Booklet 'B' series  Maths; Question No.114 Booklet 'C' series  Commerce which reads as follows:

"119. The book "Theory of Motivation" was written by (A) Madson (B) Maslow (C) Murray (D) Hull"

165. According to both the key answers none of the option is the correct answer and therefore the question was omitted from valuation. But the petitioners would submit that "Maslow" has written a book on "Theory of Motivation" and therefore option (B) "Maslow" is the correct answer. Since the petitioners made out a prima facie case, this Court directed the respondent Board to constitute a three member Subject Expert Committee to go into this question and the other questions under challenge relating to Education Methodology and General Knowledge. Accordingly, the Director of Collegiate Education has constituted a Committee consisting of Dr.A.Vasanthi, Assistant Professor of Physical Science Education, Institute of Advance Study in Education, Saidapet, Chennai, Dr.Rita Rani Mandal, Assistant Professor of English Education, Lady Wellingdon Institute of Advanced Study in Education, Triplicane, Chennai and Dr.S.Prabu Shankar, Assistant Professor of Education, Department of Education, Institute of Advanced Study in Education, Saidapet, Chennai. These experts have submitted a report wherein they have stated that none of the options given for the disputed question is appropriate. The experts have stated that the "Theory of Motivation" was formulated by "Murray", but "Maslow" did not write any book on the said Theory.

166. The learned counsel for the petitioners would refer to a book by name "Advanced Educational Psychology", 2nd Edition by "S.K.Mangal" and another book viz., "An Internet Resource Developed by Chirstopher D.Green", York University, Toronto.

167. Of course, there is a reference in these books that Mr.Maslow has written something on the above theory but no where it is stated that what was written by "Maslow" on the above theory was in a book form. The Experts have stated before this Court that a reference made in the above materials are only about articles written by "Maslow" on the "Theory of Motivation". Thus, the experts are very firm in their view that "Maslow" has not written any book on the "Theory of Motivation". The experts have relied on a number of books to support their opinion that none of the answer given in the question paper is a correct answer. I do not find any reason to defer from the opinion of the experts. The petitioners have not been able to demonstrate that the key answer is wrong. Therefore, the challenge to this key answer is liable to be rejected and accordingly the same is rejected. Hence, for Q.No.119 in 'A' series, I hold that the respondent Board was right in omitting Q.No.119 from valuation.

168. The next challenge is to Question No.111 (Booklet 'A' series  Political Science; Question No.111 Booklet 'A' series  Geography; which reads as follows:

"111. Pace setting school is renamed as (A) Primary School (B) Pre-Primary School (C) Nursery School (D) Navodaya School

169. According to the first key answer, option (A) is the correct answer. It is submitted by the petitioner that option (D) alone is the correct answer and not option (A). But, as per the revised second key answer option (D) is the correct answer. The experts have, in their report, stated that the Pace setting school is otherwise known as Navodhya school. The National Policy on Education 1986, in Sections 5.14 and 5.15, recommended that pace setting school to be established with full scope of innovation and experimentation. As per the same, schools were set up under seventh five year plan. Consequently, two schools set up earlier at Amarvathi and Jhajhar were renamed as Navodaya schools. All schools set up subsequently as per the policy are known as 'Navodaya school'. In view of the said position, I hold that option (D) "Navodaya School" is the correct answer and accordingly those candidates who have written option (D) "Navodaya School" are entitled for mark.

170. The next challenge is to Question No.115 Booklet 'A' series  Political Science; Question No.115 (Booklet 'A' series -Geography which reads as follows:

"115. In which level Mahila Mandals are organised for adult education ?

(A) Block level (B) Village level (C) District level (D) State level

171. According to the first key answer, option (A) is the correct answer. It is submitted by the petitioner that option (B) is the correct answer. But, according to the revised second key answer, option (B) is the correct answer. The experts have also stated that option (B) Village level is the correct answer. They also referred to page Nos. 44 & 45 of a book known as "Mapping India's Children", UNICEF publication (2004) to support their opinion. In view of the said position, I hold that option (B) "Village Level" is the correct answer and accordingly those candidates who have written option (B) "Village Level" alone are entitled for mark.

172. The next challenge is to Question No.119 Booklet 'A' series  Political Science; Question No.119 Booklet 'A' series  Geography which reads as follows:

"119. Child Labour Eradication Day is held on (A) June 12 (B) July 12 (C) August 12 (D) November 12

173. As per the first answer key, this question was omitted from valuation. But, as per the revised second answer key, option (A) is the correct answer. But, now the experts would say that option (A) "June 12" is the correct answer. The experts relying on the official website of UNICEF and ILO would say that World Day against Child Labour is celebrated on 12th June. Though in the question it is mentioned as Child Labour Eradication Day, according to the experts, it conveys the same meaning. Therefore, I am of the view and as concluded by the experts option (A) "June 12" is the correct answer for which mark can be given. Accordingly, I hold that option (A) June 12 is the correct answer and those candidates who have written option (A) "June 12" are entitled for mark.

174. The next challenge is to Question No.120 Booklet 'A' series  Political Science; Question No.120 (Booklet 'A' series - Geography which reads as follows:

"120. Which is called formal agency of education?

(A) School (B) Home (C) Society (D) None of these"

175. According to the first key answer, option (B) is the correct answer. It is submitted by the petitioner that option (A) "School" is the correct answer. But, according to the revised second key answer, option (D) is the correct answer. The experts have stated that option (D) None of these" is the correct answer. But subsequently the experts have changed their opinion and submitted a revised report stating that option (A) "School" as stated by the petitioner is correct. The experts have referred to page No.400 of a book known as "Theories of Education and Education in Emerging Indian Society" authored by B.N.Dash (2010, Dominant Publishers, New Delhi) to support their opinion. Therefore, I hold that option (A) "School" is the correct answer and accordingly those candidates who have written option (A) "School" are entitled for mark.

176. The next challenge is to Question No.121 Booklet 'A' series  Political Science; Question No.121 Booklet 'A' series  Geography which reads as follows:

"121. How many Chromosomes are there in human body?

(A) 26 (B) 36 (C) 46 (D) 39"

177. According to the first key answer, option (D) is the correct answer. It is submitted by the petitioner that option (C) "46" is the correct answer. As per the second revised key answer, option (C) is the correct answer. The experts have stated that option (C) 46" is the correct answer. The experts have referred to page No.53 of a book known as "Teachers and Learners" authored by Prof.S.Santhanam (1985, Asian Book Company, Madras) to support their opinion. Therefore, I hold that option (C) "46" is the correct answer and accordingly those candidates who have written option (C) "46" are entitled for mark.

178. The next challenge is to Question No.126 Booklet 'A' series  Political Science; Question No.126 Booklet 'A' series  Geography) which reads as follows:

"126. Span of Vision is measured by ?

(A) Memory drum (B) Tachistoscope (C) Mason's disk (D) Metronome"

179. According to the first key answer, option (A) is the correct answer. It is submitted by the petitioner that option (B) "Tachistoscope" is the correct answer. As per the second revised answer key, option (B) is the correct answer. The experts have also stated that option (B) Tachistoscope" is the correct answer. The experts have referred to page No.93 of a book known as "Teachers and Learners" authored by Prof.S.Santhanam (1985, Asian Book Company, Madras) to support their opinion. Therefore, I hold that option (B) "Tachistoscope" is the correct answer and accordingly those candidates who have written option (B) "Tachistoscope" are entitled for mark.

180. The next challenge is to Question No.127 Booklet 'A' series  Political Science which reads as follows:

"127. Which theory of intelligence was supported by Alferd Binet?

(A) Single factor (B) Two factor (C) Group factor (D) Multifactor"

181. According to the key answer, option (A) is the correct answer. It is submitted by the petitioner that option (C) "Group factor" is the correct answer. The experts have stated that option (A) Single factor" is the correct answer. The experts have referred to page No.320 of a book known as "Teachers and Learners" authored by Prof.S.Santhanam (1985, Asian Book Company, Madras) to support their opinion. Therefore, I hold that option (A) "Single factor" is the correct answer and accordingly those candidates who have written option (A) "Single factor" are entitled for mark.

182. The next challenge is to Question No.137 Booklet 'A' series  Political Science; Question No.127 Booklet 'A' series  Tamil; Question No.127 Booklet 'A' series - Maths which reads as follows:

"137. Self Education is related to ?

(A) Russel (B) Aurobindo (C) Tagore (D) Rousseau"

183. According to the key answer, option (C) is the correct answer. It is submitted by the petitioner that option (B) "Aurobindo" is the correct answer. According to the revised second answer key, option (B) is the correct answer. The experts have stated that option (B) Aurobindo" is the correct answer. The experts have referred to page No.137 of a book known as "Indian Education in the Emerging Society" authored by J.Mohanty (1986, Sterling Publishers) in support of their opinion. Therefore, I hold that option (B) "Aurobindo" is the correct answer and accordingly those candidates who have written option (B) "Aurobindo" are entitled for mark.

184. The next challenge is to Question No.138 Booklet 'A' series  Political Science; Question No.138 Booklet 'A' series - Geography which reads as follows:

"138. Mahila Samakhya is a plan for the development of ?

(A) Backward people (B) SC/ST people (C) Women (D) Rural students"

185. According to the first key answer, option (B) is the correct answer. It is submitted by the petitioner that option (C) "Women" is the correct answer. According to the revised second key answer, option (C) is the correct answer. The experts have stated that option (C) Women" is the correct answer. The experts have referred to page Nos.6 & 7 of a book known as "Mapping India's Children", UNICEF publication (2004) to support their opinion. Therefore, I hold that option (C) "Women" is the correct answer and accordingly those candidates who have written option (C) "Women" are entitled for mark.

186. The next challenge is to Question No.143 Booklet 'A' series  Political Science; Question No.143 Booklet 'A' series  Geography which reads as follows:

"143. The Constitution of India came into force on ?

(A) 26th November 1949 (B) 26th January 1950 (C) 26th January 1949 (D) 15th August 1949"

187. According to the key answer, option (D) "15th August 1949" is the correct answer. It is really strange that the answer key setter, who claims to be an expert, is not even aware of the date on which the Indian Constitution came into force. It is everyone's common knowledge that Indian Constitution came into force on 26th January 1950. It is submitted by the petitioner that option (B) "26th January 1950" is the correct answer. According to the revised second key answer, option (B) is the correct answer. Therefore, I hold that option (B) "26th January 1950" is the correct answer and accordingly those candidates who have written option (B) "26th January 1950" are entitled for mark.

188. The next challenge is to Question No.144 Booklet 'A' series  Political Science; Question No.144 Booklet 'A' series  Geography which reads as follows:

"144. The President of India can nominate how many members to Rajya Sabha?

(A) 2 (B) 4 (C) 6 (D) 12"

189. According to the key answer, option (A) 2 is the correct answer. It is submitted by the petitioner that option (D) "12" is the correct answer. According to the revised second key answer, option (D) is the correct answer. It is everyone's knowledge that as per Article 80(1)(a) of the Constitution of India, the Council of States shall consist of twelve members to be nominated by the President in accordance with the provisions of clause(3). Therefore, for Question No.144 (Booklet 'A' series), I hold that option (D) "12" is the correct answer and accordingly those candidates who have written option (D) "12" are entitled for mark.

190. The next challenge is to Question No.146 Booklet 'A' series  Political Science which reads as follows:

"146. Who wrote the book "Gora"?

(A) Dr.S.Radhakrishnan (B) Rabindranath Tagore (C) Mulk Raj Anand (D) L.K.Advani"

191. According to the key answer, option (A) "Dr.S.Radhakrishnan" is the correct answer. It is obviously a wrong answer. It is submitted by the petitioner that option (C) "Mulk Raj Anand" is the correct answer. But the experts have stated that option (B) Rabindranath Tagore" is the correct answer. According to the revised second key answer , option (B) is the correct answer. It is everyone's common knowledge that "Gora" is one of Rabindranath Tagore's celebrated novels. The Bengali Society, which was then categorically divided into the traditional Orthodox Hindus and the liberal Brahmo Samaj, is presented in this novel Gora in a matchless way. For the greater purpose of saving the society from the claws of oppression, caste system and above all to voice a strong protest against estranging women from the main stream, Tagore weaves the tale of Gora in a fascinating way. Therefore, I hold that option (B) Rabindranath Tagore" is the correct answer. Accordingly those candidates who have written option (B) Rabindranath Tagore" are entitled for mark.

192. The next challenge is to Question No.148 Booklet 'A' series  Political Science; Question No.148 Booklet 'A' series  Geography which reads as follows:

"148. The full form of NABARD is ?

(A) National Bank for Agriculture and Rural Development (B) National Books and Research Department (C) National Bharat Radar Defence (D) Nuclear and Bharat Radar Defence"

193. According to the first key answer, option (B) "National Books and Research Department" is the correct answer. It is submitted by the petitioner that option (A) "National Bank for Agriculture and Rural Development" is the correct answer. The experts have stated that option (A) "National Bank for Agriculture and Rural Development" is the correct answer. According to the revised second key answer, option (A) is the correct answer. It is again everyone's common knowledge that the full form for "NABARD" is "National Bank for Agriculture and Rural Development". It is unfortunate that even for this question the key answer setter has committed a blunder. Therefore, I hold that option (A) "National Bank for Agriculture and Rural Development" is the correct answer and accordingly those candidates who have written option (A) "National Bank for Agriculture and Rural Development" are entitled for mark.

194. The next challenge is to Q.No.137 Booklet 'A' series  Tamil; Question No.127 Booklet 'C' series  Physics; Question No.132 Booklet 'B' series  Maths; Question No.132 Booklet 'B' series  History; Question No.117 Booklet 'A' series  Geography; Question No.132 Booklet 'B' series - English which reads as follows:

"137. Which district has the lowest density of population in Tamil Nadu?

(A) Nilgiris (B) Perambalur (C) Sivagangai (D) Dharmapuri"

195. This question relates to General Knowledge common to all subjects. According to the first answer key option (B) Perambalur is the correct answer. As per second answer key, option (A) "Nilgiris" is the correct answer. Since there were conflicting views, this Court directed constitution of an Expert Committee. The Committee has produced the detailed analysis of Population Census-2011 published by the Government of India for the State of Tamil Nadu. According to the same, the density of population per kilometer for The Nilgiris district is 288, for Perambalur district, it is 323, for Sivaganga district, it is 324 and for Dharmapuri district, it is 332. Thus, it is crystal clear that the district which has got the lowest density of population is the "Nilgiris" district. Therefore, option (A) "Nilgiris" (Q.No.137 in 'A' series) as per the second key answer is the correct answer and the same does not require any interference.

196. The next challenge is to Q.No.138 Booklet 'A' series  Tamil; Question No.138, Booklet 'A' series  Physics; Question No.138 Booklet 'A' series  Maths; Question No.133 Booklet 'B' series  English; which is as follows:

"138. Which country started experiments in distance education in the year 1873?

(A) UK (B) USA (C) USSR (D) JAPAN

197. This question relates to Educational Methodology common to all subjects. According to the first key answer option (D) "JAPAN" is the correct answer but according to the second key answer option 'A' "UK" is the correct answer. According to the petitioners, option 'B' "USA" is the correct answer. Since there were conflicting views, this Court directed the above Expert Committee to offer their opinion. The experts have offered their opinion that the Distant Education was first tested in "UK", which was later on adopted in other Countries like "USA", but there is no specific reference to the year 1873. Thus, according to all the experts, none of the four answers is correct. The experts have supported their opinion by referring to the standard books. I accept the opinion of the experts. Thus, I hold that none of the option is the correct answer. So, I hold that this question should be omitted from valuation.

198. The next challenge is to Q.No.150 Booklet 'A' series-Tamil; Question No.148 Booklet 'D' series - Tamil; Question No.146 Booklet 'B' series  Tamil; Question No.144 Booklet 'C' series  Commerce; Question No.142 Booklet 'A' series  Political science which is as follows:

"150. Which of the following provided the revenue for the Delhi Sultanate?

(A) Kharaj (B) Khams (C) Jiziya (D) Zakat"

199. As per the first key answer option 'D' is the correct answer. As per the revised second answer key, option A alone is the right answer. But it is contended by the petitioners that all the four answers are correct. The Experts who were present before this Court in their report have stated that options A, B and C are the correct answers. The petitioners have relied on a book known as Indian History for UPSC Civil Services Preliminary Examination (Third Edition) written by K.Krishna Reddy wherein at page B129, it has been stated that all the above four answers are correct. But the experts who were present before this Court would dispute the correctness of the said book. The experts relied on a standard text book known as An Advanced History of India authored by R.C.Majumdar, Formerly Vice Chancellor, Dacca University, H.C.Raychaudhuri, Professor of Ancient Indian History and Culture, Calcutta University and Kalikinkar Datta, Vice Chancellor, Patna University, wherein, at Pages 386 and 387, the revenues of the sultanate have been elaborately dealt with. As per the same, options A, B and C were the revenues to the sultanate. So far as option D is concerned, it is stated in the said text book that it is nothing but a donation given by the Muslims to the poor and it was never treated as a revenue to the Government. The experts fully concurred with the same and they also said that option D was not considered as a revenue to the Government and therefore option D is not a correct answer.

200. I do not find any reason to defer from the opinion of the experts. Therefore, I hold that options A, B and C are correct answers. Simply because more than one key answer is the correct answer, the question cannot be omitted from valuation. Those candidates who have written any one of the correct answer is entitled for mark. In such view of the matter, I hold that all those candidates who have answered either option (A) fuh$; or (B) fhk;!; or (C) $p!pah are entitled for mark.

201. The next challenge is to Question No.125 Booklet 'C' series - Physics; Question No.125 Booklet 'C' series  Tamil; Question No.125 Booklet 'C' series  Economics; Question No.120 Booklet 'B' series  English; which reads as follows:

"125. Who said 'Education is related to life'?

(A) Gandhi (B) Nehru (C) Tagore (D) Russel.

202. According to the first key answer, option (D) is the correct answer. But, according to the petitioners, option (C) is the correct answer. According to the revised second key answer, option (A) is the correct answer. The experts have stated that option (A) Gandhi is the correct answer. They relied on a book known as Theory & Principles of Education authored by Mr.J.C.Aggarwal and published by Vikas Publications (12th revised edition) wherein at page 239 it is stated that Mahatma Gandhi has said that: So education will not be complete till one realizes the Self, the perfection. Education is through life and for life. Education must take care of the whole child, the human personality, in all its aspects  physical, intellectual and spiritual. Thus, I concur with the opinion of the experts. In view of the said position, I hold that option (A) "Gandhi" is the correct answer and accordingly those candidates who have written option (A) "Gandhi" are entitled for mark.

203. The next challenge is to Question No.127 Booklet 'B' series  Maths; Question No.122 Booklet 'A' series - Geography which reads as follows:-

	"127. When learnt material is reproduced without any manipulation, it is called
(A) whole memory    (B) rote memory
(C) perfect memory  (D)immediate memory.

204. According to the first key answer option (C) is the correct answer. According to the revised second key answer, option (B) is the correct answer. But, according to the petitioners, option (C) is the correct answer. The experts have stated that option (B) rote memory is the correct answer. According to the experts, rote memory is a type of memory where the material is learnt as such; when it is manipulated the subject cannot be able to recollect; without manipulation the learnt material is reproduced. But the learned counsel for the petitioner would contend that option (C) "perfect memory" is the correct answer. The experts clarified that a 'perfect memory' is a memory in which the learnt fully understands the subject and learns it. In other words, it is a comprehensive memory. The experts would say that the learnt material in 'perfect memory' will be reproduced in the way in which the learnt has understood and the same may not be a mere reproduction. Therefore, according to them, option (B) 'Rote memory' is the correct answer. I agree with the same. In view of the said position, I hold that option (B) "rote memory" is the correct answer and accordingly those candidates who have written option (B) "rote memory" are entitled for mark.

205. The next challenge is to Question No.131 Booklet 'B' series - History which reads as follows:

"131. The UNESCO had supported the proposal of (A) women education (B) adult education (C) education for all (D) none of these

206. According to the key answer, option (C) is the correct answer. But, the petitioners, dispute the same. In the book known as Global Educational Studies at page 120, it is stated that UNESCO had supported education for all. The experts have also stated that option (C) education for all is the correct answer. In view of the said position, I hold that option (C) "education for all" is the correct answer and accordingly those candidates who have written option (C) "education for all" are entitled for mark.

207. The next challenge is to Question No.113 Booklet 'A' series  Geography; Question No.138 Booklet 'B' series - History which reads as follows:

"113. Functional Literacy Programme had been started for (A) Workers (B) Farmers (C) Tribal People (D) all of them

208. According to the first key answer, option (B) is the correct answer. But, according to the petitioners, option (D) is the correct answer. According to the revised second key answer, option (D) is the correct answer. The experts have stated that option (D) all of them is the correct answer. In support of their opinion, they have relied on page 209 of a text book known as Modern Indian Education and its problems authored by Bhatia and Ahuja, wherein it is stated that the Mass Programme of Functional Literacy which was launched in May, 1986 with involvement of student volunteers in adult education programme has been enlarged under the Mission and extended practically to all sections of the society such as employers, trade unions, literate industrial and mining workers, members of disciplined forces, ex-servicemen, etc., In view of the said position, I hold that option (D) "all of them" is the correct answer and accordingly those candidates who have written option (D) "all of them" are entitled for mark.

209. The next challenge is to Question No.114 (Booklet 'A' series - Geography) which reads as follows:

"114. National policy on Education was adopted in the year (A) 1981 (B) 1983 (C) 1986 (D) 1989

210. According to the first key answer, option (A) is the correct answer. But, according to the petitioners, option (C) is the correct answer. According to the revised key answer, option (C) is the correct answer. The experts have stated that option (C) 1986 is the correct answer. Initially, National Policy on Education was adopted by the Central Government in 1968, the second Policy was adopted in the year 1986 and the third Policy was adopted in the year 1992. Here, in the question, only 1986 alone is found and therefore, option 'C' 1986 is the correct answer. In view of the said position, I hold that option (C) "1986" is the correct answer and accordingly those candidates who have written option (C) "1986" are entitled for mark.

211. The next challenge is to Question No.131 Booklet 'A' series - Geography which reads as follows:

"131. Which media is suitable for distance education ?

(A) Postal (B) Radio (C) Television (D) Newspaper

212. According to the key answer, option (B) is the correct answer. But, according to the petitioners, option (A) is the correct answer. According to the revised second key answer option, (A) is the correct answer. The experts have stated that option (A) Postal is the correct answer. They would explain that this is the most suitable media for distance education. But the question is not which is the most suitable media for distance education, instead, the question is very general in nature as to which media is suitable for distance education. In modern days, it is our experience that 'postal', 'radio', 'television' and 'newspaper' are all used for distance education. Therefore, in my considered opinion all the four options are correct answers and accordingly those candidates who have written any one of the options are entitled for mark.

213. The next challenge is to Question No.132 Booklet 'A' series - Geography which reads as follows:

"132. The book "Education of Man" is written by (A) John Dewey (B) Montessori (C) Froebel (D) Gandhi

214. According to the first key answer, option (A) is the correct answer. But, according to the petitioners, option (C) is the correct answer. According to the revised key answer, option (C) is the correct answer. The experts have stated that option (C) Froebel is the correct answer. In support of their opinion, they would refer to a book known as Theory and Principles of Education by J.C.Agarwal, wherein at page 143 it has been clearly mentioned that 'The education of man' was written by 'Froebel'. In view of the said position, I hold that option (C) "Froebel" is the correct answer and accordingly those candidates who have written option (C) "Froebel" are entitled for mark.

215. The next challenge is to Question No.133 Booklet 'A' series - Geography which reads as follows:

"133. Open university was started in England on (A) 1979 (B) 1969 (C) 1981 (D) 1982

216. According to the first key answer, option (C) is the correct answer. But, according to the petitioners, option (B) is the correct answer. According to the second revised key answer, option (B) is the correct answer. The experts by relying on a book known as History of England would say that open university in England was started in the 18th century itself and therefore none of the option is the correct answer. The experts opined that this question may be omitted from valuation. Therefore, I hold that none of the option is correct and the question needs to be omitted from valuation.

217. The next challenge is to Question No.136 Booklet 'A' series  Geography which reads as follows:

"136. Rousseau's Educational Philosophy is (A)Negative education (B) Basic education (C)Vocational education (D) Secondary education

218. According to the key answer, option (B) is the correct answer. But, according to the petitioners, option (A) is the correct answer. According to the revised second key answer, option (A) is the correct answer. The experts have stated that option (A) Negative education is the correct answer. They also referred to page No.127 of a book known as Theory and Principles of Education authored by J.C.Aggarwal, to support their opinion. In view of the said position, I hold that option (A) "Negative education" is the correct answer and accordingly those candidates who have written option (A) "Negative education" are entitled for mark.

219. The next challenge is to Question No.141 Booklet 'A' series - Geography which reads as follows:

"141. The name by which Ashoka is generally referred to in his inscriptions is (A) Chakravarthi (B) Dharmadeva (C) Priyadarshi (D) Dharmakirti

220. According to the first key answer, option (B) is the correct answer. But, according to the petitioners, option (C) is the correct answer. According to the revised second key answer, option (C) is the correct answer. The experts have stated that option (C) Priyadarshi is the correct answer. By referring to a book known as Asoka and the Decline of the Mauryas authored by 'Romila Thapar' the experts would say that in all his inscriptions Asoka has been referred to as Priyadarshi. In view of the said position, I hold that option (C) "Priyadarshi" is the correct answer and accordingly those candidates who have written option (C) "Priyadarshi" are entitled for mark.

221. The next challenge is to Question No.145 Booklet 'A' series  Geography; Question No.143 Booklet 'B' series - English which reads as follows:

"145. The seaport of Pandiyas was (A) Thondi (B) Musiri (C) Korkai (D) Poompukar

222. According to the first key answer, option (D) is the correct answer. But, according to the petitioners, option (C) is the correct answer. According to the revised second key answer, option (C) is the correct answer. The experts have stated that option (C) Korkai is the correct answer. In support of their opinion, they referred page Nos.142 and 143 of a book known as ghz;oad; tuyhW authored by T.V.rjhrpt gz;lhuj;jhu;, g{k;g[fhu; gjpg;gfk;. brd;id. 2010. wherein it is stated that ghz;o ehl;oy; Kw;fhyj;jpy; thzpfk; brHpg;g[w;wpUe;jJ vd;gjw;F kJiu. bfhw;if Kjyhd efu';fspYk; mtw;wpw;F mz;ikapYk; fpilj;Js;s mstw;w cnuhkhg[up ehza';fns rhd;W gfUk;////////////ghz;o ehl;oy; bfhw;ifg; bgUe;Jiuf;F mUfpy; flypy; Kj;Jf;fSk; r';FfSk; kpFjpahff; fpilj;J te;jd/. In view of the said position, I hold that option (C) "Korkai" is the correct answer and accordingly those candidates who have written option (C) "Korkai" are entitled for mark.

223. The next challenge is to Question No.147 Booklet 'A' series - Geography which reads as follows:

"147. India won World Cup Hockey in the year (A) 1971 (B) 1973 (C) 1978 (D) 1975

224. According to the first key answer, option (C) is the correct answer. But, according to the petitioners, option (D) is the correct answer. According to the revised second key answer, option (D) is the correct answer. The experts have stated that option (D) 1975 is the correct answer. They have further stated that India's men's team won in 1975 by defeating Pakistan at Kuala lampur in Malaysia. I have also verified the correctness of the same. In view of the same, I hold that option (D) "1975" is the correct answer and accordingly those candidates who have written option (D) "1975" are entitled for mark.

225. The next challenge is to Question No.149 Booklet 'A' series - Geography) which reads as follows:-

"149. The common refrigerant in domestic refrigerator is (A) Neon (B) Oxygen (C) Nitrogen (D) Freon - 12

226. According to the first key answer, option (C) is the correct answer. But, according to the petitioners, option (D) is the correct answer. According to the revised second key answer, option (D) is the correct answer. The experts have stated that option (D) Freon - 12 is the correct answer. They referred to page No.69 of the Plus Two Chemistry text book prescribed by Tamil Nadu Textbook Corporation to support their opinion. In view of the said position, I hold that option (D) "Freon-12" is the correct answer and accordingly those candidates who have written option (D) "Freon-12" are entitled for mark.

227. To sum up, I have dealt with the challenges made to the key answers to various questions in detail and I have found that number of key answers have been set wrongly and so, the valuation conducted based on the same is invalid. I have also found that the selection of candidates has not been done properly by strictly applying the rules of reservation (both vertical and horizontal). Of course, there is no challenge made to the select lists in respect of some posts. But, since the key answers to many questions relating to Educational Methodology and General Knowledge have been found to be wrong and since these questions are common to all candidates, necessarily, revaluation of all the subjects is to be done afresh. For these reasons , I have no option but to quash the mark lists published by the respondent  Teachers Recruitment Board as well as the select lists in their entirety in respect of all subjects.

228. In the result, the writ petitions are allowed in the following terms:

(i) The valuation conducted and the mark lists published for all subjects are quashed.

(ii) The select lists of candidates for all posts (both challenged and non-challenged) under this Notification are quashed.

(iii) The Teachers Recruitment Board shall revalue the answer papers of all subjects as per the correct answers declared herein above.

(iv) After such revaluation, the marks secured by the candidates shall be published in the official website of the respondent Board.

(v) After such publication, the respondent Board shall call the candidates for certificate verification by strictly following the method of selection for non-reserved category and reserved categories as indicated supra.

(vi) It is made clear that candidates to be selected as against the non-reserved category shall not be adjusted against the reserved category.

(vii) The interse seniority of the candidates selected shall be strictly based on merit namely the marks secured in the selection process and the same shall not be as per the Roster points.

(viii) After making the selection by strictly following the above procedure, the respondent Board shall publish the list of the selected candidates in its official website.

229. The learned Additional Advocate General submitted that within a period of about 21 days the revaluation may be completed and the further process shall be expedited. The said statement of the learned Additional Advocate General is recorded. In any event, the respondent Board shall not allow any further delay to occur in this matter because there is paucity of teachers in the State of Tamil Nadu and already many schools are running without appropriate number of teachers for more than three months. Consequently, the connected miscellaneous petitions are closed. No costs.

230. Before parting with these cases, I would like to express my displeasure over the way in which the key answers have been set by the paper setters. It only exposes, the irresponsible way in which , unmindful of the fate of thousands of candidates who would have toiled much to prepare for the examinations, the key answers have been set. This Court had to spend its valuable time for number of days to explore the correct answers for the questions under challenge with the help of the experts and number of standard books. No doubt, it was a difficult task for this Court. Yet, this court has the satisfaction, at last, this court is able to do justice, not only to the petitioners, but also to all the candidates who have appeared for the examinations. But for these petitioners, the wrong done to the thousands of candidates would not have been undone. I appreciate the petitioners for having reposed immense faith in the judiciary for seeking justice. I place on record my gratitude for the assistance rendered by the subject experts mentioned above who had virtually made a class room atmosphere reminding me of the college days. I also place on record my appreciation for the assistance rendered by the learned amicus curiae Mr.C.Selvaraj, the learned senior counsel, who dealt with the issues relating to the reservation. I also place on record my appreciation to the learned Additional Advocate General Mr.P.H.Aravind Pandian , the learned Special Government Pleader Mr.R.Rajeswaran and the learned Government Advocate Mr.N.Sakthivel, for the enormous efforts put in by them to go deep into the subjects to make erudite arguments. Similarly, all the learned counsel for the petitioners also deserve appreciation. I am only hopeful that at least in future the teachers recruitment board will ensure that all is well with the Board.

01.10.2012 kk/kmk Index : Yes Internet : Yes W.P.Nos.21170, 21171, 21172, 21387, 21231, 21232, 21946, 21947, 21779, 21716, 21868, 22073, 21683, 21114, & 25353 of 2012 and connected M.Ps.

& W.P.(MD)Nos.10551, 10662, 10927, 10819, 11025, 10705, 10706, 10994, 10667, 11213, 10960, 11065, 8518, 11391 & 10679 of 2012 and connected M.Ps.

S.NAGAMUTHU.J., After the order was delivered in open court, the learned Additional Advocate General, made a request to this Court to withdraw the remarks made in paragraph No.230 against the Teachers Recruitment Board. He would submit that in future Teachers Recruitment Board will not commit any such error and since this was the first occasion such kind of examination was conducted, inadvertently those errors have occurred. In view of the said submission made by the learned Additional Advocate General, the remarks made against the Teachers Recruitment Board in the beginning of paragraph No.230 of this order are withdrawn.

01.10.2012 kmk S.NAGAMUTHU,J kk/kmk To

1. The Secretary to Government, Education Department, Fort St. George, Chennai  9.

2. The Chairman, Teachers Recruitment Board, 4th Floor, E.V.K.Sampath Maaligai, DPI Compound, College Road, Chennai  6.

PRE DELIVERY COMMON ORDER IN W.P.Nos.21170, 21171, 21172, 21387, 21231, 21232, 21946, 21947, 21779, 21716, 21868, 22073, 21683, 21114, & 25353 of 2012 and connected M.Ps.

& W.P.(MD)Nos.10551, 10662, 10927, 10819, 11025, 10705, 10706, 10994, 10667, 11213, 10960, 11065, 8518, 11391 & 10679 of 2012 and connected M.Ps.

01.10.2012