The ENROLLMENT IN PROFESSIONAL COURSE ACT
Tamil Nadu · state statute
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No. 383]
Ex-lV-2-383-1
CHENNAI, TUESDAY, AUGUST 31, 2021
Aavani 15, Pilava, Thiruvalluvar Aandu—2052
Part IV—Section 2
Tamil Nadu Acts and Ordinances
The following Act of the Tamil Nadu Legislative Assembly received the
assent of the Governor on the 30th August 2021 and is hereby
published for general information:—
ACT No. 14 OF 2021.
An Act to provide for preference in admission to
undergraduate professional courses in Universities,
Government colleges and Private colleges for the students
who studied in Government schools.
WHEREAS the Government received several representations
from various sections of the society that enrolment of Government
school students in professional courses related to Engineering,
Agriculture, Veterinary, Fisheries and Law has been low over the
past several years with request to improve their representations;
AND WHEREAS a Commission comprising of senior officials
under the Chairmanship of Hon'ble Justice Thiru. D.Murugesan
(retired Chief Justice of the High Court of Delhi) was constituted
to examine the issues related to socio-economic conditions of the
students studying in Government schools, disadvantages suffered by
such students, if any, and their past enrolment in various categories
of professional courses/ educational institutions; and that if the said
issues have led to their under representations, suggest remedial
measures to improve the representation of State Government
school student in the admission to professional courses such as
Engineering, Agriculture, Veterinary, Fisheries, Law, etc.;
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TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED BY AUTHORITY
92 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
AND WHEREAS the Commission, based on the assessment and
analysis made on the subject under reference, considering the poor
socio-economic conditions of the parents of the Government school
students, disadvantage suffered by such students and the meagre
enrolment of such students in professional courses, apart from
making very many suggestions to improve/uplift their standard of
education, has recommended that not less than 10% of seats in
Engineering, Agriculture, Veterinary, Fisheries, Law and allied
professional courses in Universities, Self-financing colleges and
Government colleges may be set apart, to provide preference in
admission to Government school students without affecting the
rule of reservation in force in the State;
AND WHEREAS Articles 14 and 15 of the Constitution permit
reasonable classification on intelligible differentia and thereby
permits different treatment to unequals;
AND WHEREAS the Government, after careful consideration of
the recommendation of the said Commission, have decided to set
apart seven and a half per cent. of seats in the admission to
undergraduate professional courses on preferential basis to students
of the State Government schools;
BE it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-second Year of the Republic of India as
follows: —
Short title and
commencement
.
Definitions.
1. (1) This Act may be called the Tamil Nadu Admission to
Undergraduate professional "courses on preferential basis to
.. . students of Government schools Act, 2021. ..
(2) It shall come into force at once.
” 2. In this Act, unless the context otherwise requires, —
. (a) “aided institution" means an educational institution
which receives grant from the Government under section 10 of the
Tamil Nadu Private Colleges (Regulation) Act, 1976.
(b) "Government" means the State Government;
(c) “Government seats" mean,—
. (i) all the seats in undergraduate professional
courses in Universities, University colleges and Government
colleges;
(ii) such number of seats in aided institutions, as may
be directed by the Government; and”
(iii) 65 per cent. of seats in undergraduate
professional courses in non -minority educational institutions
and 50 per cent. of such seats in minority educational
institutions or the seats as arrived at in accordance with the
consensus between such institutions and the Govemment;
(d) “Govemment schools" mean and include Government
schools, Corporation schools, Municipal schools, Panchayat Union
schools, Adi Dravidar and Tribal Welfare schools, Kallar Reclamation
schools, Forest Department schools and other schools managed by
Government departments;
President’s Act
19 of 1976.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 93
Central Act 35 of
2009.
(e) “minority educational institution" means an
educational institution recognised or declared as such by the
Government, subject to such conditions as may be prescribed;
(f) “private school” means a school which is not a
Government school.
(g) "Students studied in Government schools"
mean children who have studied from Sixth standard to Higher
Secondary course in a Government school.
Explanations. — For the purpose of this definition, children
belonging to weaker section and disadvantaged group who
have studied upto Eighth standard in a specified category
school or an unaided school, as per clause (c) of sub -section
(1) of section 12 of the Right of C hildren to Fre e and
Compulsory Education Act, 2009 and studied all remaining
standards upto Higher Secondary course in a Government
school, shall be deemed to be 'Students studied in Government
schools’:
(h) “undergraduate professional courses" mean the
first year of Bachelor of Engineering, Agriculture, Veterinary
Science, Fisheries Science, Law including other professional
courses as may be notified by the Government;
(i) “University” means a University established or
incorporated by an Act of the State Legislature.
3. Notwithstanding anything contained in any law for the time
being in force and subject to section 5, seven and a half per cent.
of the Government seats shall be set apart on preferential basis to
students studied in Government schools.
4. Student studied in Government schools shall also be
entitled to compete for the Government seats, other than those set
apart on preferential basis, along with the students who studied in
private schools.
5. Admission of students studied in Government schools on
preferential basis under section 3 shall be made by following the
reservation as per the law in force.
6. Notwithstanding anything contained in section 3, where
adequate number of student studied in Government schools are
not available for admission to the seats set apart on preferential
basis, such unfilled seats shall be filled up with the students who
studied in private schools.
7. (1) The Government may, by notification, make rules for
carrying out all or any of the purposes of this Act.
(2) (a) All rules made under this Act shall be published in
the TamilNadu Government Gazette, and unless they are expressed
to come into force on a particular day, shall come into force on the
day on which they are so published.
(b) All notifications issued under this Act shall,
unless they are expressed to come into force on a particular day,
come into force on the day on which they are so published.
Admission on
preferential basis.
Right to compete for
other seats not to be
affected.
Reservation to apply.
Filling up of
preferential seats.
Power to make rules.
Power to give
directions.
Power to remove
difficulties.
(3) Every rule made, notification or order issued under
this Act shall, as soon as possible, after it is made or issued, be
placed on the Table of. the Legislative Assembly, and if, before the
expiry of the session in which it is so placed or the next session,
the Legislative Assembly makes any modification in any such
rule, notification or order or the Legislative Assembly decides that
the rule, notification or order shall thereafter have effect only in
such modified form or be of no effect, as the case may be, so,
however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done
under that rule, notification or order.
8. The Government may, from time to time, give
such directions as it may deem fit for giving effect to the
provisions of this Act.
9. If any difficulty arises in giving effect to any
provisions of this Act, the Government may, by an order published
in the Tamil Nadu Government Gazette, make such provisions
not inconsistent with the provisions of this Act, as may be
necessary or expedient for the purpose of removing the said
difficulty:
Provided that no such order shall be made after the expiry
of a period of two years from the date of the commencement of
this Act.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government,
Law Department.
PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU
94 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
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