STATE OF TAMIL NADU REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT Vs. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION

JUDGEMENT

(1.) IT is rather unfortunate that the State of Tamil Nadu represented by its Additional Chief Secretary to Government, Higher Education Department, should come up with a writ petition of this nature. In this writ petition, they sought to challenge the regulations framed by the All India Council for Technical Education (for short AICTE) in prescribing minimum norms for admission into engineering courses and they wanted to lower the marks further.

(2.) THE AICTE by its communication, dated 11.7.2011 had informed that entry level qualification for under graduate programs approved by the Council was reviewed in its executive committee meeting held on 28.6.2011. Following the decision taken in the meeting, a notification was issued on 04.07.2011 redefining the entry level qualifications for technical programmes. As per the revised norms, the minimum eligibility for under graduate programmes is 45% for the general category and for the reserved category students, it had been fixed as 40%. The redefined norms of minimum eligibility marks prescribed for the year 2011-2012 was also incorporated in the Approval Process Handbook for the year 2012-2013 under Appendix I, Serial Nos.1 and 2 of item No.1.1. However, the State Government had fixed its own norms for minimum eligibility marks for admission to First year and second year lateral entry courses for the year 2011-2012 and had redefined the AICTE norms made applicable for the year 2012-2013 fixing 50% aggregate in relevant subjects for other communities and 45% aggregate in relevant subjects for Backward class and 40% aggregate in relevant subjects for MBC and denotified community and 35% aggregate in relevant subjects for Scheduled caste Arunthathiyinar and SC and ST.

(3.) IT was also stated by the State Government that enhancement of minimum eligibility marks for the SC, SC(A) and ST students will have adverse effect in their availing opportunity to get admission to the professional degree courses, including engineering and consequential implications on their availing the beneficial schemes like scholarships, tuition fee waiver for the first generation graduates and various other schemes extended by the Government. That apart, the State policy enshrined in Part IV of the Constitution to improve the social and economical status of the downtrodden community cannot be achieved. The State Government will be shirking its responsibility from discharging the State obligation under the constitution if the State is to accept the norms of the AICTE. Insofar as the State of Tamil Nadu is concerned, the norms are not in consonance with the AICTE's latest norms only in respect of SC and ST category. While the AICTE had fixed minimum 40% marks in related subjects, the State had fixed 35% of minimum marks. To what extent the shortfall of 5% will have a bearing on the quality of technical education should be seen in the light of the social justice and opportunities to be given to these weaker sections of society to participate in the technical education who are under represented presently. Considering the need of social equity, under representation of these communities in professional higher education especially in technical education, the responsibility of the State to protect the interest of these weaker sections of the society, investment made in the infrastructure in opening of new colleges, institutions after approval by the AICTE and also considering the fact that large number of seats remain vacant to be filled, it is felt that it would be in fitness of things that the eligibility criteria of marks for students belonging to SC, SC(A) and ST may be retained as mere pass of 35% in related subjects as provided in the State Government's order.