ASSOCIATION OF PRIVATE SCHOOLS AFFILIATED TO THE CENTRAL BOARD OF SECONDARY EDUCATION Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) A controversy generated over the publication of the XII Standard, 1992 results by the Central Board of Secondary Education (hereinafter referred to as ?the CBSE?) reached the State Government in the shape of press reports and a number of representations by parents of the students of the Higher Secondary Course plus 2 examination (HSC) of the State Government. The State Government, it appears, took steps to verify the veracity of the complaints and in this process the Director of Government Examinations of the State Government met the Joint Secretary (Regional Officer) (CBSE) (Southern Region), Madras and requested particulars regarding the CBSE students from Tamil Nadu, viz., (1) Number of candidates who appeared through schools in CBSE pattern during 1992; (2) Number of persons who secured marks above 60%; (3) Number of persons who secured above 90% and (4) Number of persons who secured above 95%, and made a specific request to furnish the number of students who secured 95% and above subject-wise as well. This meeting was followed by a letter dated 3-6-1992 by the Director of Government Examinations, Madras to the Joint Secretary (Regional Officer) Madras, CBSE on the subject. The letter reiterated that there were reports published in the local daily newspapers of Madras saying that the CBSE has inflated through manipulation, the marks of Class XII candidates who appeared for the examination in March, 1992 from Tamil Nadu and this had put the candidates of State Board at a disadvantage. This letter, it appears, was replied to on 8th June, 1992 stating inter alia that CBSE policies were applicable to all the candidates who took the examination from its affiliated schools wherever they may be located, and ?students from the Madras Region have shown a high degree of excellence in their performance in the Board's Examinations each year, with 1992 being no exception. Their achievement is the result of their own merit and not due to any favouritism from the CBSE. The Madras Region is a very big region ?which, apart from Tamil Nadu, includes Karnataka, Andhra Pradesh, Kerala, Maharashtra, Pondicherry, Goa and Andaman & Nichobar Islands. Examination results are not processed state-wise in any of the five CBSE Regional Offices outside Delhi including Madras.?

(2.) THE State Government, however, issued G.O.Ms. No. 555 Education Department dated 15th June, 1992, as extracted hereunder: Government of Tamil Nadu Abstract Professional Courses?Admission of students#1511992-Fixing up of number of seats among students of State Higher Secondary Education?Central Board of Secondary Education?Orders issued Education Department G.O.Ms. No. 555 Dated 15 June, 1992, ORDER 1? THEre have been Press Reports and a number of representations made by parents to the effect that the valuation of the Central Board of Secondary Education (CBSE) Plus-2 answer papers has been over liberal this year which will place the CBSE students at an unfair advantageous position and will be detrimental to the large number of students who have passed State Higher Secondary Course (H.S.C.) Plus-2 Examination under the State Board of Higher Secondary Examination. 2. Considering the serious nature of the complaint which will affect the career of a large number of students who have passed H.S.C. Plus-2 examination under the State Board of Higher Secondary Education, the Government verified the veracity of these representations by a standard sample check up of the marks obtained by students in the CBSE Plus-2 Examinations and the HSC Plus-2 Examinations from the applications received for the Tamil Nadu Professional Course Entrance Examination. THE findings of the sample check are as follows:

(3.) SO, the Government direct that 2% of the seats in all the Professional Colleges be set apart for CBSE & ISC students and 98% of the seats be made available to State HSC students. The allotting of the seats in the above manner will be subject to the other rules of reservation in force. This formula will also be made applicable to the admission for Arts and Science Colleges so that equity and justice are ensured in admission to these colleges also. (By order of the Governor), J.R. Ramanathan, Secretary to Government.?