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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 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 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.