The Tamil Nadu Admission to Undergraduate Professional Courses on Preferential Basis to Students of Government Schools Act, 2021
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this actThe Tamil Nadu Admission to Undergraduate Professional Courses on
Preferential Basis to Students of Government Schools Act, 2021
Arrangements of Sections
Preamble
1. Short title and commencement.
2. Definitions.
3. Admission on preferential basis.
4. Right to compete for other seats not to be affected.
5. Reservation to apply.
6. Filling up of preferential seats.
7. Power to make rules.
8. Power to give directions.
9. Power to remove difficulties.
The Tamil Nadu Admission to Undergraduate Professional Courses on
Preferential Basis to Students of Government Schools Act, 2021
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 students in the admission to professional courses such as
Engineering, Agriculture, Veterinary, Fisheries, Law, etc.;
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;
1. Short title and commencement.— (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. Definitions.— 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 Government;
(d) “Government 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;
(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.
Explanation.— 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 Children to Free 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. Admission on preferential basis.— 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. Right to compete for other seats not to be affected.— Students
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. Reservation to apply.— 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. Filling up of preferential seats.— Notwithstanding anything contained
in section 3, where adequate number of students 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. Power to make rules.— (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 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, 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. Power to give directions.— 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. Power to remove difficulties.— 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.
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