Court : Chennai
Reported in : (2006)2MLJ382
..... shah, c.j.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 ..... under the state) act, 1993 (tamil nadu act 45 of 19 94) applicable to the admission for the professional courses. section 10 confers on the state government power to make rules for carrying out the purposes of the act.9. in exercise of the powers conferred by the act, the state government has framed the tamil nadu regulation of admission in professional courses rules, 2006. rule 2 (ii ..... ) defines students of boards other than state board to mean the students who have taken school curriculum either by means of central board of secondary education or indian school leaving certificate course or any other board ..... of the challenge raised by the petitioners, we may now examine the provisions of tamil nadu act 2 of 2006. the preamble of the act states that it has been enacted to regulate admission to professional degree courses such as engineering, medicine, dental, agriculture and other incidental and ancillary courses thereto. sections 2(b), 2(d), 2(h), and 2(n) define .....Tag this Judgment!
Court : Chennai
Reported in : 2007(2)CTC677
..... as to enable the state governments to decide as to the conduct of common entrance test for admission to the professional courses. the central regulations were yet to be amended. therefore, the state government enacted the tamil nadu regulation of admission in professional courses act, 2006, where by the common entrance test for the state board students was abolished. the students belonging to boards other than the state board were required to ..... as unconstitutional. therefore admission to the professional courses for the year 2006-2007 was ordered ..... write a common entrance test for admission to professional courses. this act was also struck down by the high court of madras .....Tag this Judgment!
Court : Chennai
..... plight of the writ petitioner, who denied to join the first year b.e., course and after a thorough scrutiny of the tamil nadu admission in professional educational institutions act, 2006, along with aicte regulations, held that the writ petitioner, who is eligible to join the second year course, is eligible to join the first year course also, which, in our opinion, merits acceptance.8. accordingly, we find no cause ..... the materials available on record, the learned single judge held that the tamil nadu admission in professional educational institutions act, 2006 has to be read along with aicte regulations and if both the act and the regulations are read together, the petitioner, who is admittedly eligible to join second year course, is also eligible to join the first year course. it is ironical to state that the petitioner could join in ..... join by way of lateral entry to the second year in the b.e. course and he cannot be refused to join the first year course and if the tamil nadu admission in professional educational institutions act, 2006, is read together with the aicte regulations, the writ petitioner would be eligible to join the first year course. 2.3. according to the appellants, the marks obtained in the qualifying examinations .....Tag this Judgment!
Court : Supreme Court of India
..... in respect of tamil nadu there are many constitutional issues, as tamil nadu had abolished the common entrance test based on the tamil nadu admission in professional educational institutions act, 2006, which was given effect to after receiving the president's assent under article 254(2) of the constitution.86. mr. rao submitted that the introduction of neet by virtue of the amended regulations would run counter ..... the standard of students who are to be admitted to these professional courses.16. hence, i am of the view that the mci and the dci are entitled to regulate the admission procedure by virtue of the provisions of their respective acts, which enable them to regulate and supervise the overall professional standards.17. i have not to see whether the legal ..... to the policy of the state government which has enacted the aforesaid act by abolishing the practice of holding an all india entrance test for admission to the professional courses in the state. mr. rao submitted that the decision regarding admission to the post- graduate medical and dental examinations ..... same way as the state legislature, as the field of legislation in the concurrent list is the same as far as the parliament and the state legislatures for admission of students to professional courses, are concerned. mr. parasaran urged that the decision in preeti srivastava's case (supra) has to be interpreted harmoniously with the decision in m.a. .....Tag this Judgment!
Court : Chennai
Reported in : (2006)3MLJ936
..... , n. v. the secretary to government, education department). in the year 2006, the state of tamil nadu passed a legislation by tamil nadu act 2 of 2006, whereby common entrance test was dispensed with for the state board students alone, while retaining common entrance test for other board students as an eligibility test for admission to professional colleges and prescribing the marks obtained in the qualifying examination alone as ..... in vogue for the past 22 years. it is stated that the regulations framed by the mci do not prescribe the method of selection to be resorted to and do not preclude the qualifying marks from being taken into consideration for ascertaining the comparative merits of candidates for admission to professional courses. it is stated that in none of the judgments rendered by the ..... is thus inconsistent with the regulations of the medical council of india regulating the admission to mbbs medical course. the petitioners have filed these petitions in the interest of the entire student community as pil, who have taken up the entrance examination for admission to professional courses for the academic year 2006-2007.2. the petitioners are students aspiring for admission to under graduate medical course. the petitioners had written .....Tag this Judgment!
Court : Chennai
Reported in : (2008)2MLJ623
..... professional courses are uniformly adopting the rule of reservation. it is also the case of the respondents that while it is true that in p.a. inamdar's case (cited supra), the supreme court has directed the reservation not to be followed in respect of management quota, there is an observation to safeguard the merit of respective candidates for admission until statutorily regulation ..... (u1) department dated 17.07.2003 was passed providing rule of reservation to diploma in teacher education course in tamil nadu, earmarking 69% for reserved category. the said norm was also prescribed in the impugned g.o.226 dated 28.08.2006 for the academic year 2006-2007 following the same rule of reservation as per g.o.111 dated 17.07.2003. it ..... the policy of reservation on the seats under management quota.14. mr. n. kannadasan, learned additional advocate general, while defending the impugned government order, would submit that inasmuch as the tamil nadu act 45 of 1994 remains valid as on today, even though the issue is pending before the supreme court, the principle of reservation is in vogue in this state and therefore ..... training institutes as well as their association have challenged the constitutional validity of the impugned government order in g.o.(1d) no. 226 school education (u1) department, dated 28.08.2006, passed by the state government and the consequential orders of the director of teacher education, research and training, chennai-6, in so far as they relate to the petitioner institute .....Tag this Judgment!
Court : Kerala
..... government has power to issue the impugned circular under section 47 of the kerala professional colleges or institutions (prohibition of capitation fee, regulation of admission, fixation of non-explorative fee and other measures to ensure equity and excellence in professional education act, 2006 (hereinafter referred to as the kerala professional colleges act). he would also rely on sections 5, 6, 40, 41 and 47 ..... universities. no doubt the question of affiliation was a different matter and was not covered by the central act in the tamil nadu case, it was held that the university could not impose any conditions inconsistent with the aicte act or its regulation or the conditions imposed by the aicte. therefore, the procedure for obtaining the affiliation and any conditions which ..... of list i; vocational and technical training of labour."the apex court in the course of its judgment proceeded to hold as follows: "19. learned additional solicitor general stated before us that there was no statute in the state of kerala corresponding in the tamil nadu act of 1976 nor any other law which specifically required the 'approval' of the ..... of all the conditions for the satisfactory establishment and maintenance of the proposed institution/courses of studies and on the reports of inspection by the commission or commissions which the university may appoint for the purpose." "22. as held in the tamil nadu case, the central act of 1987 and in particular, s.10 (k) occupied the field relating the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2007(3)ALD638
..... striking down rule 4(ii) of the andhra pradesh regulation of admission into mba/mca professional courses through common entrance test rules, 2006 (for short, 'the rules') and also for issue of a mandamus to the andhra pradesh state council for higher education (for short, 'the state council') to recognise his admission to mba course.2. a perusal of the record shows that after ..... moreover the standard prescribed is realistic and attainable which is possessed by a majority of aspirants for admission in the course of mba. in fact, the said standard prescribed is in accordance with a view that has been taken by the apex court in state of tamil nadu and anr. v. s.v. bratheep minor and anr. i.e. reported in : air2004sc1861 ..... courses. but any lowering of the norms laid down can and does have an adverse effect on the standards of education in the institutes of higher education.11. in the context of the provisions contained in the 1987 act and the regulations framed under section 10 thereof, a three judges bench of the supreme court considered the same question in state of tamil nadu ..... v. s.v. bratheep, : air2004sc1861 , and answered in affirmative. in that case, the respondent had challenged the prescription of qualifications and minimum eligibility marks by the state government by contending that the same were in conflict with the regulations .....Tag this Judgment!
Court : Chennai
Reported in : 2007(4)CTC13; (2007)6MLJ1
..... single judge in a batch of writ petitions. the challenge in these petitions is to the constitutional validity of some of the provisions of the tamil nadu admission in professional educational institutions act, 2006 (act no. 3 of 2007) (for short 'the act'), and the consequential government order nos. 115 and 87 dated 25.05.2007 and 16.03.2007 respectively issued in pursuance of the ..... and also for saving the student community from harassment and exploitation. holding of such common entrance test followed by centralised counselling or, in other words, single-window system regulating admissions does not cause any dent in the right of minority unaided educational institutions to admit students of their choice. such choice can be exercised from out of the list ..... they are material for the purpose of this case. the object of the act, as stated in the short title and in the preamble, is to provide for 'admission to professional degree courses such as engineering, medicine, dental, agriculture and other allied courses on the basis of the marks obtained in the qualifying examinations'. sections 2(c)(iii), 4 and 5(4) ..... agency arrange for holding of such test. out of such common merit list the successful candidates can be identified and chosen for being allotted to different institutions depending on the courses of study offered, the number of seats, the kind of minority to which the institution belongs and other relevant factors. such an agency conducting the common entrance test (' .....Tag this Judgment!
Court : Chennai
Reported in : (2009)2MLJ787
..... the basis of tamil nadu act 45 of 1994 and therefore, the state government is estopped from raising the issue again. it is his further contention that in respect of the schedule of activities, apart from infringing the powers of the central body, it is purely without any reason, for, according to the learned senior counsel, among the professional courses, the teacher training course is in ..... as prescribed by ncte in the norms and standards for the particular course. it is also informed that in the said resolution, the southern regional committee has also decided to incorporate para 8(1) of ncte regulations dated 13.01.2006, which is in the following words:an institution shall make admissions only after it obtains affiliation from the examining body.26. the norms ..... and standards for elementary teacher education programme leading to diploma in education [d.ed.] has been prescribed by the ncte in the 'national council for teacher education (recognition, norms and procedure) (third amendment) regulations, 2006 published on 15th november, 2006, (appendix 2) which is as .....Tag this Judgment!