Madras High Court
R.Sibinandhan (Minor) vs The State Government Of Tamil Nadu on 14 November, 2022
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
W.P.Nos.15626, 15397 & 21798 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.11.2022
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
W.P.Nos.15626, 15397 and 21798 of 2015
and M.P.No.1 of 2015 (2 petitions) and 2 of 2015
W.P.No.21798 of 2015
R.Sibinandhan (Minor) .. Petitioner
Versus
1.The State Government of Tamil Nadu
Represented by its Secretary (Higher Education)
Department of Higher Education
Secretariat, Chennai – 600 009
2.The Directorate of Collegiate Education
Government of Tamil Nadu
Represented by its Director
9th Floor, EVK Sampath Buildings
College Road, Chennai – 600 006
3.University of Madras
Represented by its Registrar
IDE Building
Chepauk
Chennai – 600 005
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
Rep by its Regional Director
Kamarajar Salai, Lady Willington Campus
Triplicane, Chennai – 600 005
6.University Grants Commission
Southern Eastern Regional Officer (SERO)
Rep by its Joint Secretary
Hyderabad
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) ... Respondents
W.P.No.15397 of 2015
1.R.Kalyanaraman
2.A.Shrimanikandan .. Petitioners
Versus
1.The State Government of Tamil Nadu
Represented by its Secretary (Higher Education)
Fort St.George
Chennai – 600 004
2.M/s.Anna University
Rep by its Secretary
Tamil Nadu Engineering Admissions
Guindy, Chennai – 600 025
3.M/s.National Institute of Open Schooling
Rep by its Regional Director
Kamarajar Salai, Lady Willington Campus
Triplicane, Chennai – 600 005
4.The Secretary
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W.P.Nos.15626, 15397 & 21798 of 2015
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) ... Respondents
W.P.No.15626 of 2015
R.Kalyanaraman .. Petitioner
Versus
1.The State Government of Tamil Nadu
Represented by its Secretary (Higher Education)
Fort St.George, Chepauk
Chennai – 600 005
2.The Directorate of Medical Education
Represented by its
Secretary, Selection Committee
No.162, Periyar E.V.R.Salai
Kilpauk, Chennai – 600 010
3.M/s.National Institute of Open Schooling
Rep by its Regional Director
Kamarajar Salai, Lady Willington Campus
Triplicane, Chennai – 600 005
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)
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
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
5th 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 3rd respondent to treat
NIOS Senior Secondary Certificate issued by the 5th 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.
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.
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.
W.P.No.21798 of 2015
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
W.P.No.15397 of 2015
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W.P.Nos.15626, 15397 & 21798 of 2015
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
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
COMMON ORDER
These petitions have been filed seeking to direct the concerned respondent 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.
2. 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 5/10 https://www.mhc.tn.gov.in/judis W.P.Nos.15626, 15397 & 21798 of 2015 relating to the admission of the students for the year 2015-2016.
3. 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 10th and 12th 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.
4. The above said letter is perused. Though it is stated that the students studied classes 10th and 12th 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 10th and 12th 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 6/10 https://www.mhc.tn.gov.in/judis W.P.Nos.15626, 15397 & 21798 of 2015 with normalisation of marks are read as follows:
“...5. (1) The marks obtained by the students in the relevant 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.”
5. 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:
“... (ii) In the case of candidate who have qualified from 7/10 https://www.mhc.tn.gov.in/judis W.P.Nos.15626, 15397 & 21798 of 2015 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.
(iii) Normalisation is not done for candidates who have qualified from National Institute of Open Schooling (NIOS) board.” 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 10th and 12th 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.
6. With the above directions, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
14.11.2022 dhk Index : Yes/No To 8/10 https://www.mhc.tn.gov.in/judis W.P.Nos.15626, 15397 & 21798 of 2015
1.The Secretary (Higher Education) The State Government of Tamil Nadu Department of Higher Education Secretariat, Chennai – 600 009
2.The Director The Directorate of Collegiate Education Government of Tamil Nadu 9th Floor, EVK Sampath Buildings College Road, Chennai – 600 006
3.The Registrar University of Madras IDE Building Chepauk, Chennai – 600 005
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
5.The Regional Director M/s.National Institute of Open Schooling Kamarajar Salai, Lady Willington Campus Triplicane, Chennai – 600 005
6.The Joint Secretary University Grants Commission Southern Eastern Regional Officer (SERO) Hyderabad
7.The Secretary School Education Government of Tamil Nadu N. SATHISH KUMAR, J.
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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 W.P.Nos.15626, 15397 and 21798 of 2015 and M.P.No.1 of 2015 (2 petitions) and 2 of 2015 14.11.2022 (1/2) 10/10 https://www.mhc.tn.gov.in/judis