Object of Common Entrance Act is only to ensure equality and not minimum merit.

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 matter stood thus, during the academic year 2005-2006, the State Government issued G.O.Ms. No.184 dated 9.6.2005 abolishing the Common Entrance Test and directing that admission to such professional colleges leading to grant of degrees such as Medicine, Engineering, Architecture would be based on the marks obtained in the qualifying examination i.e. , +2 (Higher Secondary) Examination. A Division Bench of the High Court in the decision reported in N. Priyadarshini and others v. The Secretary to Government, Education Department, Fort St. George, Chennai-9 and another, 2005 (3) CTC 449, quashed such Government Order. It is not in dispute that the said decision of the High Court has been challenged before the Supreme Court and Appeal is pending but no interim order has been passed. Subsequently, during the year 2006, the Tamil Nadu Regulation of Admission in Professional Courses Act (II of 2006) was enacted dispensing with the holding of Common Entrance Test so far as the students who had passed +2 (Higher Secondary) Examination held by the State

Board and making it obligatory for the students who had passed +2/Higher Secondary Course in the examination held by any Board other than the State Board. In the decision reported in Minor Nishanth Ramesh, rep. by Mother/Natural Guardian and others v. State of Tamil Nadu, rep. by its Secretary to Government, Education Department and others, 2006 (2) MLJ 382, a Division Bench of this Court declared such Tamil Nadu Act II of 2006 as void and inoperative. It is also not in dispute that the said decision of the Division Bench has been challenged in Appeal and the matter is pending before the Supreme Court without there being any interim order. While the matter stood thus, the Tamil Nadu Admission in Professional Educational Institutions Act, 2006 was enacted and the present Writ Petitions have been filed seeking for a direction to the Government not to abolish the Common Entrance Test. It is not in dispute that in the meantime such Act after having received the assent of the President has come into force with effect from 7.3.2007.

3. The Tamil Nadu Admission in Professional Educational Institutions Act, 2006 (Act 3 of 2007) is 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. The statement of objects and reasons indicates that the Government decided to accept the recommendation of the Committee which recommended for elimination of the Common Entrance Test. As per Section 2(c) of the Act, “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 a