W.P.Nos.23163 and 23164 of 2021 N.ANAND VENKATESH, J. The learned counsel appearing on behalf of the petitioners shall serve the papers on the Assistant Solicitor General, who will appear on behalf of the Union of India.  M/s.Row and Reddy takes notice on behalf of Anna University. Mr.A.Selvendran, learned Government Advocate takes notice on behalf of Government of Tamil Nadu and the Commissioner, Tamil Nadu Engineering Admissions. Mr.Sheikh Peer will take notice on behalf of the Council for Architecture.

W.P.Nos.23163 and 23164 of 2021

N.ANAND VENKATESH, J.

The learned counsel appearing on behalf of the petitioners shall serve the papers on the Assistant Solicitor General, who will appear on behalf of the Union

of India.  M/s.Row and Reddy takes notice on behalf of Anna University. Mr.A.Selvendran, learned Government Advocate takes notice on behalf of

Government of Tamil Nadu and the Commissioner, Tamil Nadu Engineering

Admissions. Mr.Sheikh Peer will take notice on behalf of the Council for Architecture.  The learned counsel appearing on behalf of the petitioner shall ensure that the papers are served on the respective counsel appearing on behalf

of the respondents.

2. The issue involved in both the writ petitions pertains to the eligibility of the students to participate in the admission to B.Arch Course based on the scores secured by them in the JEE (Main) examination. It is seen from records that till the academic year 2020-21, the candidates who qualify in the Aptitude Test conducted by National Aptitude Test in Architecture (NATA) as well as the candidates who qualify in the Aptitude Test which is conducted by JEE were considered eligible to participate in the admissions to B.Arch Course in the State

of Tamil Nadu. This position was made clear by G.O.(1D) No.132 dated

05.09.2020 issued by the Principal Secretary to the Government, Higher Education Department, Government of Tamil Nadu.  A communication has also been issued to this effect by the Principal Secretary to the Government to the Director, Chennai Academy of Architecture and Design.  When the prospectus was issued for the academic year 2021-22, all of a sudden the NATA examination marks alone is taken into consideration for the B.Arch Course.  According to the petitioners, this goes completely against the Information Bulletin published by National Testing Agency, which makes it very clear that the JEE (Main) Examination Paper II is conducted for admission to B.Arch and B.Planning Course in the entire country.  It is also made clear in the Information Bulletin that the same will be taken into consideration for admission to State Engineering Colleges in the participating States and one such participating State is Tamil Nadu.  According to the petitioners, the State of Tamil Nadu cannot wriggle out of the obligation by not permitting the students who have undergone JEE (Main) Test to participate in

the admission for the B.Arch Course.

3. The issue that has been raised in the present writ petitions requires consideration. However, in the meantime, the counselling is starting from tomorrow.  In order to balance the rights of the students, there shall be an interim direction directing the Anna University and the Commissioner of Tamil Nadu Engineering Admissions to permit the students who have taken both NATA

2021 as well as JEE (Main) 2021 to participate in the counselling for B.Arch Course.  The selection shall be subject to the final result in these writ petitions. In view of the fact that the students who had taken the JEE (Main) Examination were not able to submit their application on-line, they will be permitted to participate in the counselling and submit the relevant documents physically at the

time of counselling.

4. Post these writ petitions for hearing on 09.11.2021 and in the

meantime, the respondents are directed to file their counter.

25.10.2021

KST

Note : Issue order copy today (25.10.2021)

N.ANAND VENKATESH, J. KST

W.P.Nos.23163 and 23164 of 2021

25.10.2021