S NARASIMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE present writ petition has been filed as a Public Interest Litigation for issuing a Writ of Mandamus directing the respondents, namely, the State of Tamil Nadu and the Secretary, Tamil Nadu Engineering Admissions, Anna University, to delete the names of the students who have already applied for and got admission to a professional course in the previous academic year and have now applied for admission to Engineering courses 2007-2008 and students who have written the Higher Secondary Course examination prior to 2006-2007 from the ranking list for admission to Engineering courses for the academic year 2007-2008 and consequently to revise the ranking list for admission to Engineering courses for the academic year 2007-2008.

(2.) ADMISSION to Professional Courses such as Medicine, Engineering, Dental, Agriculture, etc., were hitherto being effected on the basis of the marks obtained in the qualifying examination i.e., Plus 2 or Higher Secondary Course and Common Entrance Test in the proportion of 200:100. However, as per the Tamil Nadu ADMISSION in Professional Educational Institutions Act, 2006 (Act 3 of 2007), the State Legislature enacted a legislation abolishing Common Entrance Test. Validity of such Act, abolishing the Common Entrance Test, was challenged and has been upheld, subject to certain modifications relating to Architecture course, in the decision reported in 2007(2) CTC 677 (Minor S. Aswin Kumar, Rep. by his father and natural guardian Mr. P.Shanmuga Nathan Vs. State of Tamil Nadu, Rep. by its Secretary to Government, Higher Education Department, Fort St. George, Chennai-9 and others). As per Act 3 of 2007, admission to Professional courses such as Medicine, Engineering, Dental, Agriculture, etc., shall now take place on the basis of marks obtained in the relevant subjects, i.e., Physics, Chemistry and Mathematics for Engineering course.

(3.) THE second contention of the petitioner is to the effect that whatever may be the status of the students of the previous years, who had not been admitted to professional courses during earlier years, at least those students who had got admission to professional courses should be prevented from seeking selection on the basis of marks obtained by them in the qualifying examination held during the earlier years. Learned counsel for the petitioner has placed strong reliance upon the fact that for admission to MBBS Course the State Government has conceded to such a position as is apparent from the unreported judgment of the Division Bench in W.P.Nos.22787, 23173, 23326, 23328 of 2007 disposed of on 10.7.2007.