Chennai, Feb 23 (UNI) The Tamil Nadu Regulation of Admission in Professional Courses Act (RAPCA) was to enable all the students take an examination on the basisi of state board syllabus to test the merit for admission, the Tamil Nadu Government submitted before the Madras High Court today.
When the petitions from Nishanth Ramesh and others, came up for hearing before a Division Bench comprising Chief Justice A P Shah and Ms Justice Prabha Sridevan, Additional Advocate General A L Somiyaji submitted that what was sought to be achieved by the act was ''commonness''.
It can be achieved either by asking the students to write examination on the basis of non-state board syllabus or state board syllabus. The State Government in its wisdom thought it fit to adopt the state board syllabus as the basis, it submitted.
''By asking the non-state board students to take entrance examination on the basis of state board syllabus, the non-state board students are being brought on par with state board students.
This cannot be find fault with,'' he added.
As the arguments were inconclusive, the bench posted for tomorrow, further hearing of the case.
Mr Somiayaji said the object of the MCI and AICTE regulations was that the meritorious students should get a seat. Since all of them were subjected to write one examination and the merit was tested on the basis of state board subject, the present act would not be repugnant to these regulations.
There are about five lakh state board students and 5000 non-state board students. Hence, in order to help the rural students who faced disadvantage all along, the present act was passed to dispense with Comman Entrance Test (CET) for the state board and have entrance examination for non-state board students, he submitted.
Senior Counsel R Thiagarajan, appearing for the students wing of PMK, submitted the T M A Pai Foundation case made it clear that merit based selection can be done by various methods.
The CET was referred to as one of the and not the only method, indicating thereby the availablity of other methods.
It was therefore open to the state to device other methods to conform to the requirement of merit-based selection, Mr Thiagarajan said.
No judgement of the Supreme Court had laid down that CET was a must. It may be one of the methods to have merit-based admission In his written submission, Senior Advocate K M Vijayan, appearing for the petitioner submitted that P A Inamdar Case no way changed the law relating to CET.
What was essential in supporting CET was one common test for all Board students for one selection process without discrimination.
The language of Article 15 (5) of the Constitution at no stretch of imagination can be construed as a source of legislative competence to regulate the admission and abolishing CET inconsistent with the Central Act.
The state government cannot make any legislation other than for providing reservation in the private colleges under Article 15 (5). It certainly had no legislative competence to overlook admission process against the Central legislation.
Earlier, Advocate General N R Chandran submitted in pursuance to the suggestion that the state government was ready to conduct Plus Two examination for state board students and entrance examination for the non-board students based on state board syllabus on the same day with the same set of questions.
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