Is Tamil Nadu Act 35 of 2020 clarificatory and applicable retrospectively from the date of the earlier Act 40 of 2010?

Paragraph 10At this juncture, it is relevant to refer to the judgment of the Division Bench of the Madurai Bench of this Court in The Chirman, Tamil Nadu Public Service Commission v. A.Anbalagan (W.P.(MD) No.1500 of 2022, dated 28.11.2025), wherein, when another Notification No.1 of 2019 was challenged, this Court, by applying the judgment in G.Sakthi Rao’s case (cited supra) and the subsequent Government Order issued by the Government in pursuance of the said judgment under Act 35 of 2020, held that, since the amendment was clarificatory and curative in nature. Therefore, it has to be applied retrospectively from the date of the initial Government Order passed under Act 40 of 2010.

Paragraph 11In this regard, it is relevant to refer to the judgment of the Hon’ble Supreme Court, in the appeal filed against the judgment in G.Sakthi Rao’s case (cited supra), in SLP (Civil) Nos.3364 and 3367 of 2022, vide judgment dated 31.07.2023, wherein, at paragraph 10, the Hon’ble Supreme Court has held that Act 35 of 2020 is clarificatory in nature. For ready reference, the same is extracted hereinunder:- ‘10.When we look at the 2010 enactment in the above light, the amendment incorporated in the year 2020 has to be construed as nothing more than a clarificatory amendment of what was originally provided for in the 2010 Act. Some ambiguity remained in the interpretation of the term “persons studied in Tamil Medium” as defined under Section 2(d). The amending Act of 2020 is only to ensure proper construction of Section 2(d) to achieve the objective of the Act so that only those who have pursued their education in Tamil medium, would be entitled to complete for 20% of the jobs in the State earmarked for them.'