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HC upholds TN act abolishing CET
April 27, 2007 15:45 IST
Last Updated: April 28, 2007 04:20 IST
The Madras High Court on Friday upheld a recent Tamil Nadu law abolishing the common entrance test for admissions to professional courses in the state, paving the way for a new method of admissions based on marks secured in class XII examinations of various education boards.
Upholding the Tamil Nadu Admissions in Professional Educational Institutions Act 2006, a division ench, comprising Justice P K Misra and Justice J A K Sampathkumar, dismissed a batch of petitions challenging the Act.
The judges observed that the impugned act was to prevent harassment and hardship to socially and economically backward and weaker students hailing from both urban and rural areas in securing admissions to professional colleges.
On the question of admission to the architectural course, the bench held that it stood on a different footing as it was not covered under the Act and hence the aptitude test for admissions will continue.
They pointed out that CET was devised as a basis of selection, primarily with a view to providing a common platform to ensure equality rather than any particular standard to be maintained.
Stating that holding of an aptitude test could not be said to be in derogation of the present selection method, the bench held that the present method devised by the state could co-exist with the aptitude test.
They observed that the Centre's stand appeared to be similar to that of the state government.
On behalf of the MCI and All India Council for Technical Education it was submitted that in view of the legislation, the petition ought to be dismissed.
State Advocate General Viduthalai submitted that once legislation was made by the state and received the President's assent 'such a law will be operative within such a state.'
The judge noted a submission by the Additional Advocate General N Kannadasan that there was always scope for change and improvement in future as the state government could examine the possibility of incorporating any other method in future by consulting experts in the field.
Justice Misra pointed out that the MCI regulations also authorised selection on the basis of qualifying marks.
'The only effect is that selection is not based on a common platform and therefore vulnerable to be attacked based on the principle of equality,' he said, adding that the vulnerability had been overcome by equalisation.
The judge observed that section 5 of the Act had been incorporated with a view to equalising the marks obtained by different students passing from different streams.
In his concurring order, Justice Sampathkumar held that the rpt the impugned act was a social welfare legislation to meet social justice.
The Act could not be said to be arbitrary and violative of Article 14 of the Constitution as claimed by the petitioner if it was brought to benefit socially and economically backward students, the judge said.
The desire of crores of people for abolishing CET could not be denied by quashing the Act, he said and dismissed the petition without costs.