The Tamil Nadu Admission in Professional Educational Institutions Act, 2006

Tamil Nadu · state statute

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THE TAMIL NADU ADMISSION IN PROFESSIONAL EDUCATIONAL INSTITUTION ACT,
2006
(ACT NO 3 OF 2007)

Arrangement of section
1. Short title and commencement.
2. Definitions
3. Admission to Government seat
4. Admission in unaided professional educational institutions.
5. Normalization of marks.
6. Reservation to apply.
7. Invalidation of admission made in violation of the Act.
8. Inquiry of complaints.
9. Penalty.
10. Power to make rules.
11. Protection of action taken in good faith.
12. Power of Government to give directions.
13. Power to remove difficulties.

THE TAMIL NADU ADMISSION IN PROFESSIONAL EDUCATIONAL INSTITUTION ACT,
2006
(ACT NO 3 OF 2007)
[3rd March 2007]
An Act to provide for admission to professional degree courses such as Engineering,
Medicine, Dental, Agriculture and other allied courses on the basis of marks in the qualifying
examination.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty -seventh
Year of the Republic of India as follows:-

1. Short title and commencement. - (1) This Act may be called the Tamil Nadu Admission
in Professional Educational Institutions Act, 2006.
(2) It shall come into force on such date as the State Government may, by notification,
appoint.

2. Definitions.— In this Act, unless the context otherwise requires,-
(a) "appropriate authority" means a University or an Authority authorised by the
Government to select and allot students for admission in professional educational courses;
(b) "Government" means the State Government;
(c) "Government seats" mean,-
(i) all the seats in Government colleges, University colleges and University
constituent colleges;
(ii) such number of seats in aided professional educational institutions as may be
notified by the Government; and
(iii) 65% of seats in each branch in non -minority unaided professional educational
institutions and 50% of the seats in each branch in minority unaide d professional
educational institutions, in accordance with the consensus arrived at between such
professional educational institutions and the Government;
(d) "minority professional educational institution" means the educational institutions
recognized or declared as such by the Government, subject to such conditions as may
be prescribed;
(e) "professional educational courses" mean,-
(1) in Medical and Dental Institution, the first year of,-
(i) Bachelor of Medicine and Bachelor of Surgery; and
(ii) Bachelor of Dental Surgery;
(2) in Engineering Institution, the first year of,-
(i) Bachelor of Engineering;
(ii) Bachelor of Technology; and
(iii) Bachelor of Architecture.
and includes any other professional educational courses at undergraduate and postgraduate
level, as may be notified by the Government in this behalf;
(f) "professional educational institution" means any college or school or an institute, by
whatever name called, including minority professional educational institutions, conducting
professional educational courses leading to the award of a degree, whatever name called,
approved or recognised by the competent statutory body and affiliated to an University;
(g) "qualifying examination" means the examination conducted by the Board of
Secondary Education, Government of Tamil Nadu, at the Higher Secondary (Plus Two) level
or an equivalent examination conducted by the Central Board of Secondary Education or
any other State Board of any other State or any other Authority;
(h) "relevant subjects" mean the subjects as may be prescribed for admission to each
professional educational courses
(i) "State Board" means the Board of Secondary Education, Government of Tamil
Nadu;
(j) "University" means the University established or incorporated by an Act of the State
Legislature;
(k) the expression "non-resident Indian" shall have the meaning assigned to it in the
Income-tax Act, 1961 (Central Act 43 of 1961).

3. Admission to Government seat. - Notwithstanding anything contained in any relevant
law or any rules, regulations or by -laws made thereunder, admission to every Government
seat in every professional educational institution shall be made, by the appropriate authority,
on the basis of the marks obtained by a student in the relevant subjects, in the q ualifying
examination.

4. Admission in unaided professional educational institutions. - (1) Notwithstanding
anything contained in any relevant law or any rules, regulations or bylaws made thereunder,
admission to seats, excluding the seats referred to in item (iii) of clause (c) of section 2, in all
unaided professional educational institutions shall be made by the consortium of unaided
professional educational institutions approved by the Government or by any Authority
authorised by the Gov ernment, on the basis of the marks obtained by a student in the
relevant subjects, in the qualifying examination.
(2) Notwithstanding anything contained in sub -section (1), any unaided professional
educational institution may fill up seats equivalent to 15 per cent, of the total sanctioned
strength, in each branch, by the candidates belonging to the non -resident Indians, in
accordance with such guidelines as may be issued by the Government, from time to time.

5. Normalization of marks. - (1) The marks o btained by the students in the relevant
subjects in the qualifying examination conducted by various Boards or Authority shall be
equated with the marks obtained by the students in the same subjects in the qualifying
examination conducted by the State Board, by adopting the method of normalization.
Explanation. - Under the method of normalization, the highest mark obtained by the
students of various Boards in each subject shall be equated to the highest mark obtained by
the students of State Board in that subject and the relative marks obtained by other students
in that subject stall be determined accordingly.
Illustration. - If the highest marks secured by the student of State Board in Physics is 100
and the highest mark secured by a student of any other Board in the same subject is 90,
both the highest marks will be considered to be equal to 100. If a student of the other Board
secures 60 marks in Physics when the first mark in Physics in the same Board is 90, the 60
marks will be considered to be equal to 66.66 marks as arrived at below:-
100X60 =66.66%
90
(2) After normalization of marks in the relevant subjects in the qualifying examination
conducted by different Boards, the qualified students of different Boards shall be merged into
a common merit list.
(3) In cases where more than one student have got the same marks in the common merit
list, the inter -se-merit among such students shall be determined in such manner as may
prescribed.
(4) The appropriate authority and the consortium of unaided professional educational
institution shall prepare the rank lists for admission of students to the seats referred to in
section 3 and section 4, respectively, and allot students through centralized counseling.

6. Reservation to apply. - Admission into every professional educational institution other
than minority professional educational institution shall be made following the reservation as
per law in force.

7. Invalidation of admission made in violation of the Act. - Notwithstanding anything
contained in any other law in force, an y admission made in violation of the provisions of this
Act or the rules made thereunder shall be invalid.

8. Inquiry of complaints. - Any complaint on the admission of students in the unaided
professional educational institutions shall be inquired into b y the appropriate authority which
shall, after obtaining the evidence and the explanation of the management of the unaided
professional educational institution concerned, forward appropriate recommendations to the
Government.

9. Penalty. - (1) Whoever con travenes the provisions of this Act or the rules made
thereunder shall be punishable with fine which may extend to five lakh rupees.
(2) The Government may, if they are satisfied that any institution has violated any of the
provisions of this Act, recom mend to the concerned University or statutory body for
withdrawal of affiliation or recognition of such institution or for any other courses of action as
they deem fit.

10. Power to make rules. - (1) The Government may make rules for carrying out the
purposes of this Act.
(2) (a) All rules made under this Act shall be published in the Tamil Nadu 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.
(3) Every rule made or notification or order issued under th is 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 Assembly
makes any modification in any such rule o r notification or order, or the Assembly decides
that the rule or notification or order should not be made or issued, the rule or notification or
order shall thereafter have effect only in such modified form or be of no effect, as the case
may be, so, howe ver, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule or notification or order.

11. Protection of action taken in good faith. - No suit, prosecution or other legal
proceedings shall lie against the appropriate authority, Government or its Officers for
anything which is in good faith done or intended to be done under this Act or any rule or
order made thereunder.

12. Power of Government to give directions. - The Government may, from time to time,
issue such directions, as it may deem fit, for giving effect to the provisions of this Act.

13. Power to remove difficulties. - If any difficulty arises in giving effect to the 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 appear to
them to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of two years from the date
of commencement of this Act.

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