Govt. Orders can not prevail over Regulations framed.

Markandey Katju, CJ.

This writ petition and the connected writ petitions involve a common question of law, i.e., the validity of G.O.Ms.No. 184 Higher Education (J2) Department, dated 09.06.2005 abolishing the Tamil Nadu Professional Courses Common Entrance Examination 2005 and discontinuation of the improvement exam for admission to professional colleges in the State of Tamil Nadu for the academic year 2005-2006. Since common questions of law and fact are involved, we have heard all the cases together, and are disposing them off by this common judgment.

2. In W.P.No.18801 of 2005, N.Priyadarshini v. The Secretary to Government, Education Department, Fort.St.George, Chennai 9 and another (which we are treating as the leading case), it has been alleged in paragraph 3 of the affidavit filed in support of the petition that the writ petitioner undertook the plus 2 (class 12) examination from the State Board in March 2003 at Rasipuram, Namakkal District and secured qualifying marks. The petitioner took the plus 2 course improvement examination in the month of March 2004 and secured the following marks:-

“ Biology -- 200/200

Physics -- 198/200

Chemistry -- 198/200â€

3. It is further alleged in paragraph 4 of the petitioner’s affidavit that the petitioner appeared for the Tamil Nadu Professional Courses Entrance Examination wherein she got an aggregate of 93.66/100. In total she secured 292.66/300, but she failed to get admission in MBBS under Backward Classes category by a slim margin. Hence, she again took the entrance examination for the academic year 2005-2006, and secured 97.50/100. The total aggregate of the qualifying examination plus common entrance examination secured by the petitioner was 296.5/300. Thus, it is alleged by the petitioner that she stood a good chance to secure admission for MBBS course for the academic year 2005-2006.

4. It is alleged in paragraph 6 of the affidavit that the petitioner was shocked to know about the impugned order dated 09.06.2005 by which the system of admission by common entrance examination and improvement examination for the academic year 2005-2006 has been cancelled.

5. The aforesaid impugned order dated 9.6.2005 reads as follows: -

ABSTRACT

Professional Colleges Admission of students Abolition of Common Entrance Test and Discontinuation of improvement examination from the academic year 2005-2006 Orders Issued .

Higher Education (J2) Department

G.O.Ms.No.184 Dated:09.06.2005

Read:-

G.O.Ms.No.657, Education Department, dated 29.05.1984

*****

ORDER:

Parents and students as also educationists have been unanimous in expressing the need for a simplified system for admission to professional colleges particularly in undergraduate Engineering, M.B.B.S. and allied courses, B.V.Sc, B.Sc. (Agri.) undergraduate Law and similar other disciplines.

2. Prior to 1984-1985 admission to professional colleges was done based on the academic marks plus the marks in an interview. The interview was replaced by an entrance test conducted by the Anna University for admission to the professional colleges from the year 1984-85. This procedure of admitting the students to the professional colleges based on the academic marks plus the marks obtained in the entrance tests was followed upto 1996-1997 and thereafter as a further expansion of the scheme the Government introduced a Single Window System of admission from the years 1997-1998.

3. Till 2002 i.e., prior to the Judgment in T.M.A.Pai Case, admission to Government quota seats was being done through Single Window Counselling System of the State Government and students’ ranking was done based on the +2 marks and the marks in the entrance test. The management quota seats were however being filled up by the management themselves for which no entrance test was conducted. After the 11 Judges Constitution Bench of the Supreme Court of India delivered its judgment in T.M.A.Pai case the same method of making admission to Government quota seats by combining the marks