High Court Directs State Government To Start Process Of Holding Common Entrance Test
The Madras High Court on 27th Feb 2006 struck down the Tamil Nadu Governments new admission policy for professional courses and directed it to commence the process for holding Common Entrance Test (CET) for all students as per the existing norms.
The Tamil Nadu Regulation of Admission in Professional Courses Act 2006, dispensing with the CET for State Board students alone, infringed the fundamental right to equality, and the State legislature had no legal competence to come out with such an enactment.
The legislation is void, inoperative and unenforceable ruled the First Bench comprising Chief Justice A.P. Shah and Justice Prabha Sridevan.
The State has no reason to enact the legislation…The Act is also liable to be struck down as it violates the concept of Equality enshrined in Article 14 of the Constitution, the Bench ruled.
The State is hereby directed to start the process for holding the CET in accordance with the Medical Council of India (MCI) and the All India Council for Technical Education (AICTE) Regulations for all Board students for the academic year 2006-07.
Holding that the powers to regulate admission to professional courses lay in a field occupied by the Central Legislature, the Bench said, The State Legislature has no legal competence to pass a law as the subject is occupied by the Central Government.
Totally repugnant
The impugned legislation is totally repugnant to the Central Regulations, the judges said, adding that the MCI and the AICTE Regulations were clear that the field was occupied.
The field is occupied by the Central Legislature, and the impugned Act is not saved by Article 15(5) introduced by the 93rd amendment to the Constitution, they held. The validity of the Act cannot be sustained even under the Article.
Wondering how the inter se merit of candidates could be assessed through two separate examinations the Bench said that under the proposed scheme the non-State Board students must write their qualifying examination under one scheme and then sit for the CET on the basis of the State Board syllabus.
The judges rejected the State Governments contention that the Supreme Court, in the P.A. Inamdar case, diluted the requirement to hold the CET for admission to professional courses.
The argument was misconceived and required rejection, they said.
When Advocate-General N.R. Chandran sought leave of the court to prefer a Special Leave Petition in the Supreme Court, the Bench rejected the plea. When senior counsel K.M. Vijayan said the process for conducting the CET had been delayed, the Bench directed the Government to commence the process immediately.
Date: 7th March 2006
Source: The Hindu
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