MINOR NISHANTH RAMESH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE writ petitions raise a short but an important question as to the constitutional validity of the Tamil Nadu Regulation of Admission in Professional Courses Act 2006 (Tamil Nadu Act 2 of 2006), hereinafter for brevity's sake called the "act". Since common questions of law and fact are involved, we have heard all the cases together and disposing them of by this judgment.

(2.) IN W. P. No. 3951 of 2006, Minor Nishanth Ramesh vs. State of Tamil nadu (which we are treating as the lead case), the petitioner is a Plus two student of Vidya Mandhir School, affiliated to Central Board of Secondary Education (C. B. S. E.), Chennai. The Tamil Nadu State Board, I. S. C. and C. B. S. C. are the three Boards which offer Plus two course in the State of Tamil Nadu.

(3.) IT has been alleged that ever since 1984, the admission to the professional colleges in the State of Tamil Nadu was governed by G. O. Ms. No. 657, dated 29. 5. 1984. The said Government Order prescribed admission to the professional college on the basis of qualifying examination (Plus two) and Common Entrance Test on the basis of the State Board Syllabus for all the Board students. The inter se merit for admission to the professional college on the basis of 200 marks for qualifying exam and 100 marks for Common Entrance Test in total 300 marks, was taken in common for all the Board students. In the year 2005, by G. O. Ms. No. 184, the State Government abolished Common Entrance Test for admission to professional colleges. That was successfully challenged by a student N. Priyadharshini. A Division Be nch of this Court was pleased to strike down the said G. O. in a reported judgment in Priyadharshini N. vs. The State of Tamil Nadu represented by its Secretary to Government, Education Department, Chennai (2005 (3) CTC 449 ).