CHENNAI: The Tamil Nadu Government has justified its new Common Entrance Test (CET) system for professional courses stating that its legislation had the backing of a constitutional amendment, a Supreme Court order and a letter from the Centre.

When a batch of public interest litigation petitions against the validity of the Tamil Nadu Regulation of Admission in Professional Courses Act, 2006 came up for hearing on Tuesday, senior counsel Mukul Rohtagi said the 93rd amendment to the Constitution, which came into effect on January 20, 2006, duly empowered the State to frame "separate admission procedures."

Executive order

Unlike last year, when the CET was abolished through an executive order, this year the State Government enacted a full-fledged legislation, that too after the constitutional amendment came into effect and a letter came from the Union Human Resource Development Minister.

A counter-affidavit filed by the Higher Education Department Secretary said the January 24 letter of the Union Minister said the State would be competent to make comprehensive legislation in keeping with the local conditions covering all matters, including reservation of seats, differential fee structure and separate admission procedure.

93rd amendment

"The 93rd amendment empowers the State to make any special provision by law for the advancement of any socially and educationally backward classes insofar as it relates to their admission to educational institutions."

Question paper pattern

Pointing out that the theory and practical examination in the related subjects for the common entrance test would be based on the State Board syllabus, he said the question papers would also be in the pattern set up for Plus Two examinations. "This will remove all disparities," he added.

He also said that students from non-State Board stream constituted only two per cent of the total number of candidates.

Earlier, senior counsel K.M. Vijayan said the CET, this time, was a sort of eligibility test for non-State Board students.

Since the CET was based on the State Board syllabus, the CBSE and other stream students would end up writing two examinations, he added.

"Belies expectation"

Nalini Chidambaram, senior counsel for another student, said the legislation, enacted at the fag end of the academic year, belied the legitimate expectation of students hoping to follow the old selection procedure.

The First Bench, comprising Chief Justice A.P. Shah and Justice Prabha Sridevan, adjourned the matter to Wednesday, when Mr. Rohtagi will continue his submissions.

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