TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 378]

CHENNAI, THURSDAY, AUGUST 26, 2021

Aavani 10, Pilava, Thiruvalluvar Aandu-2052

Part IV—Section 1

Tamil Nadu Bills

[121]

©

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2021

[Price: Rs. 2.40 Paise.

Ex-IV-1-378—E

BILL INTRODUCED IN THE LEGISLATIVE ASSEMBLY OF THE

STATE OF TAMIL NADU

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill

which was introduced in the Legislative Assembly of the State of Tamil Nadu on

26th August 2021 is published together with Statement of Objects and Reasons

for general information:—

L.A. Bill No. 20 of 2021

A Bill to provide for preference in admission to undergraduate

professional courses in Universities, Government colleges and

Private colleges for the students who studied in Government

schools.

WHEREAS the Government received several representations from

various sections of the society that enrolment of Government school

students in professional courses related to Engineering, Agriculture,

Veterinary, Fisheries and Law has been low over the past several years

with request to improve their representations;

AND WHEREAS a Commission comprising of senior offi cials

under the Chairmanship of Hon’ble Justice Thiru. D.Murugesan (retired

Chief Justice of the High Court of Delhi) was constituted to examine

the issues related to socio-economic conditions of the students studying

in Government schools, disadvantages suff ered by such students,

if any, and their past enrolment in various categories of professional

courses/ educational institutions; and that if the said issues have led to

their under representations, suggest remedial measures to improve the

representation of State Government school students in the admission

to professional courses such as Engineering, Agriculture, Veterinary,

Fisheries, Law, etc.;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

AND WHEREAS the Commission, based on the assessment and

analysis made on the subject under reference, considering the poor

socio-economic conditions of the parents of the Government school

students, disadvantage suff ered by such students and the meagre

enrolment of such students in professional courses, apart from making

very many suggestions to improve/uplift their standard of education,

has recommended that not less than 10% of seats in Engineering,

Agriculture, Veterinary, Fisheries, Law and allied professional courses

in Universities, Self-fi nancing colleges and Government colleges may

be set apart, to provide preference in admission to Government school

students without aff ecting the rule of reservation in force in the State;

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 undergraduate

professional courses on preferential basis to students of the State

Government schools;

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

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

Short title and

commence-

ment.

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

Undergraduate professional courses on preferential basis to students of

Government schools Act, 2021.

(2) It shall come into force at once.

Defi nitions.

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

(a) “aided institution” means an educational institution which

receives grant from the Government under section 10 of the Tamil Nadu

Private Colleges (Regulation) Act, 1976.

President’s Act 19

of 1976.

(b) “Government” means the State Government;

(c) “Government seats” mean,—

(i) all the seats in undergraduate professional courses in

Universities, University colleges and Government colleges;

(ii) such number of seats in aided institutions, as may be

directed by the Government; and

(iii) 65 per cent. of seats in undergraduate professional

courses in non-minority educational institutions and 50 per cent. of

such seats in minority educational institutions or the seats as arrived

at in accordance with the consensus between such institutions and the

Government;

(d) “Government schools” mean and include Government

schools, Corporation schools, Municipal schools, Panchayat Union

schools, Adi Dravidar and Tribal Welfare schools, Kallar Reclamation

schools, Forest Department schools and other schools managed by

Government departments;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

123

(e) “minority educational institution” means an educational

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

such conditions as may be prescribed;

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

school;

(g) “Students studied in Government schools” mean

children who have studied from Sixth standard to Higher Secondary

course in a Government school.

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 upto Higher Secondary course in a Government school, shall

be deemed to be ‘Students studied in Government schools’;

(h) “undergraduate professional courses” mean the

fi rst year of Bachelor of Engineering, Agriculture, Veterinary Science,

Fisheries Science, Law including other professional courses as may be

notifi ed by the Government;

(i) “University” means a University established or incorporated

by an Act of the State Legislature.

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.

(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.

Ex-IV-1-378-E—1

Ex-IV-1-378-E—1a

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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 give

directions.

8. 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.

Power to remove

diffi culties.

9. 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 a

period of two years from the date of the commencement of this Act.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

125

STATEMENT OF OBJECTS AND REASONS.

To assess and analyse the reasons for less number of Government School students getting admission

into Engineering, Agriculture, Fisheries, Veterinary, Law Courses, etc., in Universities, Self Financing

Colleges and Government Colleges and recommend remedial measures to ensure due representation of

Government school students, the Government constituted a Commission comprising of senior offi cials under

the Chairmanship of Hon’ble Justice D. Murugesan, retired Chief Justice, High Court of Delhi.

2.

The Commission in its fi nding, has reported that the Government school students being in a

disadvantageous position, require more facilities to pursue their school education and preferential treatment

in joining various professional courses. Though education is important to all students for their enrichment in

knowledge and to lead a reasonable and meaningful life, the students from Government schools forming a

distinct class require more attention of the State for preferential treatment in higher education compared to the

students of private Schools, who are provided with better environment, diff erent and conducive atmosphere

in pursing their education. Considering the socio- economic condition, disadvantage suff ered and the past

enrolment of Government school students, the Commission has recommended that not less than 10% of seats

in Engineering, Agriculture, Veterinary, Fisheries, Law and other professional courses may be set apart to

provide preference in admission to Government school students without aff ecting the rule of reservation in

force in the State.

3.

It is evident from the Commission’s report that there exists de facto inequalities between the

Government school students and the private school students. The Government, after careful examination

of the recommendation of the Commission, have decided to take affi rmative action so as to bring about real

equality between the students who studied in Government schools and in private schools, by setting apart

certain percentage of seats on preferential basis to the students, who have studied from sixth to twelfth standard

in the State Government Schools in the admission to Engineering, Agriculture, Veterinary, Fisheries,

Law and other professional degree courses off ered in Universities, private colleges, Government aided and

Government colleges.

4.

The Bill seeks to give eff ect to the above decision.

Dක. K. PONMUDI,

Chennai-600 009,

K. SRINIVASAN,

Date: 26.8.2021.

Secretary.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

MEMORANDUM REGARDING DELEGATED LEGISLATION.

Clauses 2 (h), 7,8,and 9 of the Bill authorize the Government to make rules or to issue notifi cations or

orders, as the case may be, for the purposes specifi ed therein.

2.

The powers delegated are normal and not of an exceptional character.

Dක. K. PONMUDI,

Chennai-600 009,

K. SRINIVASAN,

Date: 26.8.2021.

Secretary.

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

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU