No. 383]

CHENNAI, TUESDAY, AUGUST 31, 2021

Aavani 15, Pilava, Thiruvalluvar Aandu–2052

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

©

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2021

[Price: Rs. 1.60 Paise.

Part IV—Section 2

Tamil Nadu Acts and Ordinances

Ex-IV-2—383--1

[ 91]

The following Act of the Tamil Nadu Legislative Assembly received the

assent of the Governor on the 30th August 2021 and is hereby

published for general information:—

ACT No. 14 OF 2021.

An Act 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

commencement.

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;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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.

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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.

(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