IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2018

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN

WRIT PETITION No.12782 OF 2018

Abbinaya Arivazhagan,

represented by her father,

Arivazhagan Murugaiyan,

No.47/2, Main Street,

Ganapathy Nagar,

Collector Office (PO),

Erode - 638 011.

...Petitioner

Vs.

1.

The Secretary,

Higher Education Department,

Government of Tamil Nadu,

St. George Fort, Chennai 600 003.

2.

The Director - Admissions,

Tamil Nadu Engineering Admission - 2018,

Anna University,

Chennai 600 025.

3.

The Secretary,

Tamil Nadu Engineering Admission - 2018,

Anna University,

Chennai 600 025.

4.

The Registrar,

Anna University,

Chennai 600 025.

... Respondents

Writ Petition filed under Article 226 of the Constitution

of India praying for the issuance of a writ of mandamus

directing the respondents 2 to 4 to accept the

Petitioner's application for registration of Tamil Nadu

Engineering Admissions, 2018 (TNEA-2018) at par with Indian

Nationals Scheme in respective web online portal whereas, the

last date to apply (TNEA-2018) is 30.05.2018.

For Petitioner

:

Mr.S.Jayakumar

For 1st Respondent

:

Mr.A.Rajaperumal,

Additional Government Pleader

For Respondents 2 to 4

:

Mr.M.Vijayakumar

https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Petitioner has come up with the present Writ Petition

seeking a direction to respondents 2 to 4 to accept his minor

daughter's application for registration of Tamil Nadu

Engineering Admissions, 2018 (TNEA-2018) on par with Indian

Nationals Scheme in the respective web online portal, as the

last date to apply for TNEA-2018 is 30.05.2018.

2.

According to the Petitioner, he and his wife are

Indian Nationals and his minor daughter viz. Abbinaya was born

in United States of America on 06.07.2001 and she is in

possession of Birth Certificate and Passport issued by United

States of America and that she is as an Overseas Citizen of

India (OCI) card holder. It is further stated by the Petitioner

that he brought his daughter back to India during the year 2004

and they started residing at No.47/2, Ganapathy Nagar, Main

Street, Collector Office (PO), Erode. His daughter joined the

Indian Public School, Erode affiliated to CBSE during the

academic year 2004-05 and pursued her school education and that

she appeared for 12^th Standard Board Exams conducted by CBSE, New

Delhi and is awaiting results. While so, she applied for Tamil

Nadu Engineering Admission – 2018 through online on 14.05.2018.

3.

The case of the Petitioner is that during the process

of registering for TNEA-2018 through online, his daughter

selected her 'Nationality' under the caption 'Others', as there

was no specific column for Overseas Citizens of India category

and hence, her application was rejected, stating that she is not

eligible to attend the counselling.

4.

It is the contention of the Petitioner that his

daughter is eligible for admission to MBBS/BDS Courses through

National Eligibility cum Entrance Test (NEET) as an Overseas

Citizen of India Cardholder vide Letter of Approval

No.U.12023/16/2010-ME-II, dated 13.01.2017, issued by the

Ministry of Health and Family Welfare, Government of India. It

is also his contention that even prior to the commencement of

NEET, for admission to MBBS/BDS in Tamil Nadu, his daughter is

eligible under Section 7A of the Citizenship (Amendment) Act,

2015.

5.

Respondents 2 to 4/Anna University have filed counter

affidavit, wherein, it is stated that only Indian Nationals are

eligible to apply for first year admission to B.E./B.Tech.

Degree course through single window online counselling.

According to them, Anna University is following the eligibility

criteria, minimum marks, number of seats, etc. only as per AICTE

norms. As per AICTE Approval Process Handbook for the year

2018-2019 in Clause 2.16.1.g, Overseas Citiz