Minor S. Aswin Kumar, rep. by his father and natural guardian vs State of Tamil Nadu, rep. by its Secretary to Government, Higher Education Department, Fort St. George, Chennai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2007 Supreme(Mad) 1495

P.K.MISRA, J.A.K.SAMPATHKUMAR
Minor S. Aswin Kumar, rep. by his father and natural guardian – Appellant
Versus
State of Tamil Nadu, rep. by its Secretary to Government, Higher Education Department, Fort St. George, Chennai – Respondent

Advocates Appeared:
For the Appearing Parties:Mr. K.M. Vijayan, Senior Counsel for M/s. La Law, Advocates for Petitioner in W.P. Nos.5396, 5397, 5526 & 6264/07; Mr. Manikandan Vathan, Advocate for Petitioner in W.P. No.5476/07. Mr. V.T. Gopalan Additional Solicitor General assisted by Mr. P. Wilson, Assistant Solicitor General for Respondent No. 2-Union of India; Mr. R. Viduthalai Advocate General assisted by Mr. M. Sekar, Special Government Pleader for Respondent No.1 in W.P. Nos.5396, 5397 of 2007; Mr. N. Kannadasan, Additional Advocate General assisted by Mr. M. Sekar, Special Government Pleader for Respondent No.1 in W.P. Nos.5476, 5526 and 6264 of 2007; Mr. R. Singaravelan, Advocate for Respondent No. 3-Medical Council of India; Mr. N. Muralikumar, Additional Central Government Standing Counsel for Respondent No. 4-All India Council for Technical Education; M/s. Naveen R. Nath, Advocate for Respondent No.5-Council of Architecutre; Mr. R. Gandhi Senior Counsel for Mr. R.G. Narendhiran, Advocate for Intervener in M.P. No.2 of 2007 in W.P. No.5396/07; Mr. Ravivarma Kumar, Senior Counsel for Mr. M. Gnanasekar, Advocate for Intervener in M.P. No.4 of 2007 in W.P.5396/07; Mr. Thyagarajan for Mr. D. Veerasekaran, Advocate for Intervener in M.P. No.5 of 2007 in W.P. No.5396/07.

Judgment :-

P.K. Misra, J.

1. The Writ Petitions have been filed challengingthe abolition of Common Entrance Test for admission to professional courses in the State of Tamil Nadu. All such Writ Petitions were filed at a stage when Tamil Nadu Admission in Professional Educational Institutions Act, 2006 (Bill 39/2006) was passed, but yet to be enforced as it was reserved for the assent of the President. Subsequently, such Act received the assent of the President of India and has come into force with effect from 7.3.2007, during pendency of all such Writ Petitions.

To hold or not to hold a Common Entrance Test for admission to Professional Courses in Tamil Nadu is the question. In the language of the petitioners it is an instance of “twice bitten, thrice impertinence” whereas according to the State, the main contesting respondent, it is symbolic of “third time lucky”.

2. The brief facts as culled out from the averments made in several Writ Petitions indicate that admission to various professional colleges in the State of Tamil Nadu was being regulated by a selection process which included the conduct of a Common Entrance Test. Such procedure is being followed since 1984-85. While the matt

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2007 Supreme(Mad) 1495

P.K.MISRA, J.A.K.SAMPATHKUMARMinor S. Aswin Kumar, rep. by his father and natural guardian – AppellantVersusState of Tamil Nadu, rep. by its Secretary to Government, Higher Education Department, Fort St. George, Chennai – Respondent

P.K.MISRA, J.A.K.SAMPATHKUMAR
Minor S. Aswin Kumar, rep. by his father and natural guardian – Appellant
Versus
State of Tamil Nadu, rep. by its Secretary to Government, Higher Education Department, Fort St. George, Chennai – Respondent