Madras HC Upholds revised norms of AICTE for SC/ST students admission in Engineering colleges

Updated on: Friday, April 19, 2013

This year, SC/ST students seeking admission to engineering colleges in Tamil Nadu must have a minimum score of 40% in Class 12. Thwarting the state government's attempt to bring down the eligibility criterion to a mere pass (35%), the Madras high court on Thursday upheld the revised norms of the All India Council for Technical Education (AICTE) in this regard.

The court made it clear that the two batches of students with mere pass marks in Class 12 admitted during the pendency of the case should not be disturbed. "They should be allowed to pursue their course as per the statutory provisions," the first bench comprising Acting Chief Justice R K Agrawal and Justice N Paul Vasanthakumar said.

The minimum qualification for engineering admission for SC/ST students was a mere pass in Class 12 examinations since 2002. In July 2011, AICTE revised the norms and made 40% marks a must for SC/ST candidates. Tamil Nadu, however, had 35% or mere pass as the minimum requirement for SC/ST students. The state government first moved the HC against the tougher norms set by AICTE, but a single judge rejected the petition. It then filed an appeal.

Dismissing the state's appeal and upholding AICTE's regulations, the bench said there was no legal infirmity in the single judge order favouring higher eligibility marks for SC/ST students.

The judges rejected the argument that increase in the minimum qualification marks would result in a large number of engineering seats remaining vacant. "We find that even before AICTE had prescribed the minimum eligibility criterion of 40% for these reserved categories, seats in engineering colleges relating to such categories remained vacant."

In 2007-08, about 10,900 seats reserved for SC/STs remained vacant, and the number of vacant seats went up to 12,030 in 2008-09, the judge said. In 2009-10 the number of vacant SC/ST seats increased to 18,372. In 2011-12, when the AICTE introduced higher qualifying norms for SC/STs, the number reduced to 17,469. Noting that more than 5,500 seats were added in the next year, the bench pointed out that those seats too remained vacant. Citing the data, the judges said, "The seats going vacant cannot be attributed to fixing 40% marks as the minimum eligibility criterion for the reserved categories. It may be for other reasons."

The bench, quoting Supreme Court orders, said though state governments have powers to make reservations to uplift SC/ST candidates, they cannot prescribe a minimum eligibility criterion lower than what has been prescribed by AICTE.

Madras HC Upholds revised norms of AICTE for SC/ST students admission in Engineering colleges

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