Allowed

R.Kalyanaraman, v. The State Government of

Madras HC14 Nov 2022WP/15626/2015

Case brief

AI extract

What is this about?

The High Court of Madras addressed three writ petitions challenging the non-normalization of marks for National Institute of Open Schooling (NIOS) candidates in Tamil Nadu engineering and medical admissions. Ruling that once NIOS courses are recognized for higher studies, statutory norms require mark normalization, directing colleges to include NIOS candidates accordingly.

What did the court decide?

The writ petitions were allowed; directions were issued to normalize marks of NIOS candidates and include them in merit list preparation for higher education admissions in Tamil Nadu as per the statut

R.Kalyanaraman, Vs The State Government of — Education and Admissions | Madras HC (2022)

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W.P.Nos.15626, 15397 & 21798 of 2015

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 14.11.2022

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CORAM

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THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

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W.P.Nos.15626, 15397 and 21798 of 2015 and M.P.No.1 of 2015 (2 petitions) and 2 of 2015

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W.P.No.21798 of 2015

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R.Sibinandhan (Minor) .. Petitioner

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Versus 1.The State Government of Tamil Nadu Represented by its Secretary (Higher Education) Department of Higher Education Secretariat, Chennai – 600 009

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2.The Directorate of Collegiate Education Government of Tamil Nadu Represented by its Director 9^th Floor, EVK Sampath Buildings College Road, Chennai – 600 006

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3.University of Madras Represented by its Registrar IDE Building Chepauk Chennai – 600 005

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4.Union of India Represented by its Secretary to the Government Ministry of Human Resources and Development Higher Education Department Shastri Bhawan, Dr.Rajendra Prasad Road New Delhi 5.M/s.National Institute of Open Schooling

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W.P.Nos.15626, 15397 & 21798 of 2015

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Rep by its Regional Director Kamarajar Salai, Lady Willington Campus Triplicane, Chennai – 600 005

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6.University Grants Commission Southern Eastern Regional Officer (SERO) Rep by its Joint Secretary Hyderabad

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7.The Secretary School Education Government of Tamil Nadu (R7 Suo Moto impleaded vide Order dated 01.11.2022 made in W.P.No.21798/2015 by NSKJ)

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W.P.No.15397 of 2015 1.R.Kalyanaraman 2.A.Shrimanikandan

... Respondents

.. Petitioners

Versus

1.The State Government of Tamil Nadu Represented by its Secretary (Higher Education) Fort St.George Chennai – 600 004

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2.M/s.Anna University Rep by its Secretary Tamil Nadu Engineering Admissions Guindy, Chennai – 600 025

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3.M/s.National Institute of Open Schooling Rep by its Regional Director Kamarajar Salai, Lady Willington Campus Triplicane, Chennai – 600 005

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4.The Secretary

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W.P.Nos.15626, 15397 & 21798 of 2015

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School Education Government of Tamil Nadu (R4 Suo Moto impleaded vide Order dated 01.11.2022 made in W.P.No.15397/2015 by NSKJ)

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... Respondents

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W.P.No.15626 of 2015 R.Kalyanaraman

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.. Petitioner

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Versus

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1.The State Government of Tamil Nadu Represented by its Secretary (Higher Education) Fort St.George, Chepauk Chennai – 600 005

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2.The Directorate of Medical Education Represented by its Secretary, Selection Committee No.162, Periyar E.V.R.Salai Kilpauk, Chennai – 600 010

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3.M/s.National Institute of Open Schooling Rep by its Regional Director Kamarajar Salai, Lady Willington Campus Triplicane, Chennai – 600 005

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4.The Secretary Ministry of Human Resources Development Shastri Bhawan, Dr.Rajendra Prasad Road New Delhi (R-4 is impleaded as per Order dated 08.06.2015 M.S.N.J in W.P.No.15626/2015)

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5.The Secretary School Education Government of Tamil Nadu (R5 Suo Moto impleaded vide Order dated 01.11.2022 made in W.P.No.15626/2015 by NSKJ) ... Respondents Prayer in W.P.No.21798 of 2015: Writ Petition filed under Article 226 of the

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W.P.Nos.15626, 15397 & 21798 of 2015

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Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to recognise the NIOS Secondary Certificate issued by the 5^th respondent as equivalent to the higher secondary level certificates issued by the other boards of education such as CBSC, ICSE and State Board and consequently direct the respondents 1 and 2 to issue appropriate directions to the educational institutions in the State including the 3^rd respondent to treat NIOS Senior Secondary Certificate issued by the 5^th respondent on par with the higher secondary level certificates issued by the other boards of education for the purpose of admission into colleges and universities within the State of Tamil Nadu.

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Prayer in W.P.No.15397 of 2015: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the second respondent to include NIOS(National Institute of Open Schooling) also under National Board along with CBSC and ICSE under instruction No.6 of the Instruction Manual issued by the second respondent and normalise the marks of the NIOS Board with the State Board and accordingly prepare and publish the merit list of qualified students.

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Prayer in W.P.No.15626 of 2015: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the second respondent to include NIOS(National Institute of Open Schooling) along with CBSC and ICSE (Indian Institute of Secondary Education) under Instruction No.8 of the prospectus issued by the second respondent and normalise the marks of the NIOS Board with the State Board and accordingly prepare and publish the merit list of qualified students.

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W.P.No.21798 of 2015

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For Petitioner : Mr.Richardson Wilson For Respondents : Mr.D.Ravichander for R1, 2 & 7 Special Government Pleader (Higher Education) Mr.A.S.Vijayaraghavan for R3 & R6 Mr.J.Madhanagopalan for R4 Mr.R.John Joseph and Ms.Pooja Jain for R5 for M/s.Giridharan & Sai

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W.P.No.15397 of 2015

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W.P.Nos.15626, 15397 & 21798 of 2015

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For Petitioner : Mr.S.Rajeni Ramadass For Respondents : Mr.D.Ravichander for R1 & 4 Special Government Pleader (Higher Education) Mr.V.Meenakshisundaram for R2 Mr.R.John Joseph and Ms.Pooja Jain for R3 for M/s.Giridharan & Sai

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W.P.No.15626 of 2015 For Petitioner : Mr.S.Rajeni Ramadass For Respondents : Mr.D.Ravichander for R1, 2 & 5 Special Government Pleader (Higher Education) Mr.R.John Joseph and Ms.Pooja Jain for R3 for M/s.Giridharan & Sai Mr.J.Madhanagopalan for R4

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COMMON ORDER

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These petitions have been filed seeking to direct the concerned respondent

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to recognise the NIOS Secondary Certificate as equivalent to the higher secondary level certificates issued by the other boards of education such as CBSC, ICSE and State Board for the purpose of admission into colleges and universities within the State of Tamil Nadu.

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These writ petitions have been filed merely on the ground that certificates issued by the National Institute of Open Schooling have not been considered in the State of Tamil Nadu. These writ petitions are subject matter

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W.P.Nos.15626, 15397 & 21798 of 2015

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relating to the admission of the students for the year 2015-2016.

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Now, the Special Government Pleader vehemently contended that a letter has been issued by the Principal Secretary to Government in Letter No.14188/ERT/2014-12 dated 27.02.2018 to the effect that the certificate courses for classes 10^th and 12^th offered by NIOS cannot be recognised for the appointment/promotion in public services in Tamil Nadu. However, the Government has taken a policy decision in considering the students for pursuing higher studies alone.

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The above said letter is perused. Though it is stated that the students studied classes 10^th and 12^th offered by NIOS (National Institute of Open Schooling) have been given seats in the higher education, this Court is of the view that marks are also to be normalised. As the Government has taken a policy decision to consider the NIOS offered 10^th and 12^th classes of students for pursuing higher education, now the question of normalisation of marks arises. It is relevant to note that once the course is recognised by the Government, they will have to follow the procedure as contemplated under Tamil Nadu Admission in Professional Educational Institutions Act, 2006. Section 5 of the Act dealing

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W.P.Nos.15626, 15397 & 21798 of 2015

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with normalisation of marks are read as follows:

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“...5. (1) The marks obtained by the students in the relevant

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subjects in the qualifying examination conducted by various Boards or Authority shall be equated with the marks obtained by the students in the same subjects in the qualifying examination conducted by the State Board, by adopting the method of normalisation.”

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Therefore, once any of the Board recognised by the State Government, normalisation of marks is a norm as per the Act. Even, on perusal of the Minutes of the Directorate of Technical Education for Tamil Nadu Engineering Admissions (TNEA) – 2022 dated 05.07.2022, wherein, in para 1.3, it is stated that the normalisation of marks and inter-se merit is prepared as per Tamil Nadu Acts No. 3 of 2007 dated 05.03.2007, G.O.Ms.No.77, Higher Education (J2) Department dated 05.04.2007 and G.O.Ms.No.158, Higher Education (J2) Department dated 10.08.2021, however, in 1.3 (ii), it is stated that National Level will be taken into consideration, whereas in 1.3 (iii) the normalisation is not done for candidates qualified from National Institute of Open Schooling. The said extracts are read as follows:

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“... (ii) In the case of candidate who have qualified from

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W.P.Nos.15626, 15397 & 21798 of 2015

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CBSE and ISCE National Boards, the highest mark obtained in the relevant subject by the candidates at the National Level alone will be taken into consideration for normalisation.

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(iii) Normalisation is not done for candidates who have qualified from National Institute of Open Schooling (NIOS) board.”

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The above runs contrary to the clause (ii) apart from the the statutory provisions conferred under Section 5 of the Tamil Nadu Admission in Professional Educational Institutions Act, 2006 (Act No.3 of 2007). As the Government has taken a policy decision to admit the students for higher education who have completed the courses of 10^th and 12^th classes offered by NIOS. This Court is of the view that while preparing the merit list normalisation of marks is a norm as per the Act No. 3 of 2007 and the same has to be complied with.

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With the above directions, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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14.11.2022

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dhk Index : Yes/No To

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W.P.Nos.15626, 15397 & 21798 of 2015

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1.The Secretary (Higher Education) The State Government of Tamil Nadu Department of Higher Education Secretariat, Chennai – 600 009

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2.The Director The Directorate of Collegiate Education Government of Tamil Nadu 9^th Floor, EVK Sampath Buildings College Road, Chennai – 600 006

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3.The Registrar University of Madras IDE Building Chepauk, Chennai – 600 005

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4.The Secretary to the Government Union of India Ministry of Human Resources and Development Higher Education Department Shastri Bhawan, Dr.Rajendra Prasad Road New Delhi

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5.The Regional Director M/s.National Institute of Open Schooling Kamarajar Salai, Lady Willington Campus Triplicane, Chennai – 600 005

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6.The Joint Secretary University Grants Commission Southern Eastern Regional Officer (SERO) Hyderabad

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7.The Secretary School Education Government of Tamil Nadu

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N. SATHISH KUMAR, J.

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W.P.Nos.15626, 15397 & 21798 of 2015

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dhk

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8.The Secretary M/s.Anna University Tamil Nadu Engineering Admissions Guindy, Chennai – 600 025 9.The Secretary Selection Committee The Directorate of Medical Education No.162, Periyar E.V.R.Salai Kilpauk, Chennai – 600 010

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W.P.Nos.15626, 15397 and 21798 of 2015 and M.P.No.1 of 2015 (2 petitions) and 2 of 2015

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14.11.2022 (1/2)

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R.Kalyanaraman, v. The State Government of

Case brief

What is this about?

What did the court decide?

R.Kalyanaraman, v. The State Government of

Case brief

What is this about?

What did the court decide?

What the court decided

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