No. 449]

CHENNAI, FRIDAY, OCTOBER 30, 2020

Aippasi 14, Saarvari, Thiruvalluvar Aandu–2051

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2020

[Price: Rs. 1.60 Paise.

Part IV—Section 2

Tamil Nadu Acts and Ordinances

Ex-IV-2—449

[201]

An Act to provide for preference in admission to undergraduate

courses in Medicine, Dentistry, Indian Medicine and Homeopathy

for the students who studied in Government schools and have

qualiﬁ ed in National Eligibility-cum-Entrance Test.

WHEREAS the Indian Medical Council Act, 1956 (Central Act

102 of 1956) mandates conduct of a uniform entrance examination for

admission to all medical educational institutions throughout the country

at the under graduate level;

AND WHEREAS the uniform entrance examination to all medical

educational institutions is only a qualifying examination for admission to

M.B.B.S. course;

AND WHEREAS admission to M.B.B.S. course in all medical

educational institutions shall be based solely on the marks obtained in

the uniform entrance examination;

AND WHEREAS the students who studied in Government schools

have secured very negligible number of seats in the admission to

M.B.B.S. course because of lower marks in the qualifying examination;

AND WHEREAS a Commission comprising of senior oﬃ cials under

the Chairmanship of Justice P.Kalaiyarasan (Retired High Court Judge)

was constituted to assess and analyse the reasons for the lower number

of Government school students getting admission to M.B.B.S. course

and to suggest remedial measures to the Government;

The following Act of the Tamil Nadu Legislative Assembly received the

assent of the Governor on the 30th October 2020 and is hereby

published for general information:—

ACT No. 34 OF 2020.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

AND WHEREAS in view of the cognitive gap created by socio

economic factors such as caste, parental occupation, parental education,

parental income, gender, etc., the said Commission concluded that

the Government school students form a separate class and are in a

disadvantageous position as compared to private school students and

therefore recommended that ten per cent of seats in the admission

to M.B.B.S. course can be set apart on preferential basis to students

who studied from Sixth Standard to Higher Secondary Course in State

Government schools and qualiﬁ ed in the National Eligibility-cum-

Entrance Test;

AND WHEREAS the said Commission has also recommended that

the above reservation can be extended to all courses for which National

Eligibility-cum-Entrance Test has been prescribed as an eligibility

criterion;

AND WHEREAS Articles 14 and 15 of the Constitution permit

reasonable classiﬁ cation on intelligible diﬀ erentia and thereby permits

diﬀ erent 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 M.B.B.S.

course and other medical courses, for which the National Eligibility-cum-

Entrance Test is prescribed as the qualifying examination, on preferential

basis to students of the State Government schools who have qualiﬁ ed in

the said Test;

BE it enacted by the Legislative Assembly of the State of Tamil Nadu

in the Seventy-ﬁ rst Year of the Republic of India as follows:—

Short title and

commencement.

1. (1) This Act may be called the Tamil Nadu Admission to

Undergraduate Courses in Medicine, Dentistry, Indian Medicine and

Homeopathy on preferential basis to students of Government schools

Act, 2020.

(2) It shall come into force on such date as the State Government

may, by notiﬁ cation, appoint.

Deﬁ nitions.

2. In this Act, unless the context otherwise requires,—

(a) “Government” means the State Government;

(b) “Government seats” mean,—

(i) all the seats in M.B.B.S., B.D.S., B.S.M.S., B.A.M.S.,

B.U.M.S. and B.H.M.S. courses in Government Colleges, excluding the

seats reserved for all India quota; and

(ii) 65 per cent of seats in M.B.B.S., B.D.S., B.S.M.S.,

B.A.M.S., B.U.M.S. and B.H.M.S. courses in non-minority educational

institutions and 50 per cent of seats in minority educational institutions,

or the seats as arrived at in accordance with the consensus between

such institutions and the Government;

schools, Corporation schools, Municipal schools, Adi Dravidar and Tribal

Welfare schools, Kallar Reclamation schools, Forest Department schools

and other schools managed by Government Departments;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(d) “Students studied in Government schools” mean children

who have studied from Sixth Standard to Higher Secondary Course in a

Government school and qualiﬁ ed in the National Eligibility-cum-Entrance

Test.

Central Act 35 of

2009.

Explanation.— For the purpose of this deﬁ nition, children belonging

to weaker section and disadvantaged group who have studied upto

eighth standard in a speciﬁ ed 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 up to Higher Secondary Course in a Government school and

qualiﬁ ed in the National Eligibility-cum-Entrance Test, shall be deemed to

be ‘Students studied in Government schools’;

(e) “minority educational institution” means an educational

institution recognized or declared as such by the Government, subject to

such conditions as may be prescribed;

(f) “M.B.B.S., B.D.S., B.S.M.S., B.A.M.S., B.U.M.S. and

B.H.M.S. courses” mean the ﬁ rst year of Bachelor of Medicine and

Bachelor of Surgery, Bachelor of Dental Surgery, Bachelor of Siddha

Medicine and Surgery, Bachelor of Ayurvedic Medicine and Surgery,

Bachelor of Unani Medicine and Surgery and Bachelor of Homeopathic

Medicine and Surgery;

Central Act 102 of

1956.

Central Act XVI of

1948.

(g) “National Eligibility-cum-Entrance Test” means the Eligibility-

cum-Entrance Test conducted by the authority designated under the

Indian Medical Council Act, 1956, the Dentists Act, 1948, Indian Medicine

Central Council (Minimum Standards of Education in Indian Medicine)

Regulations, 1986 and the Homeopathy (Degree Course) Regulations,

1983 for admission to M.B.B.S., B.D.S., B.S.M.S., B.A.M.S., B.U.M.S.

and B.H.M.S. courses, respectively;

(h) “private school” means a school which is not a Government

school.

3. 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.

Admission on

preferential

basis.

4. 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.

Right to

compete for

other seats

not to be

aﬀ ected.

5. 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.

Reservation

to apply.

6. 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 unﬁ lled seats

shall be ﬁ lled up with the students who studied in private schools.

Filling up of

preferential

seats.

7. (1) The Government may, by notiﬁ cation, make rules for carrying

out all or any of the purposes of this Act.

Power to

make rules.

(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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) All notiﬁ cations 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, notiﬁ cation 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 modiﬁ cation in any such rule, notiﬁ cation or order or the

Legislative Assembly decides that the rule, notiﬁ cation or order shall

thereafter have eﬀ ect only in such modiﬁ ed form or be of no eﬀ ect, as the

case may be, so, however, that any such modiﬁ cation or annulment shall

be without prejudice to the validity of anything previously done under that

rule, notiﬁ cation or order.

Power to remove

diﬃ culties.

8. If any diﬃ culty arises in giving eﬀ ect 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 diﬃ culty:

Provided that no such order shall be made after the expiry of two

years from the date of commencement of this Act.

Power to give

directions.

9. The Government may, from time to time, give such directions as it

may deem ﬁ t for giving eﬀ ect to the provisions of this Act.

(By order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government,

Law Department.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU