Why you did not inform assembly about prez declining nod for

The Madras High Court on Thursday sought to know why the Tamil Nadu government did not inform the assembly about the President returning its two bills seeking exemption for the state from NEET in September 2017.

A bench comprising Justice S Manikumar and Justice Subramonium Prasad made the observation during the hearing of a public interest litigation petition filed by Tamil Nadu Students Parents Welfare on the matter.

When the PIL came up for hearing, the Centre filed an affidavit stating that the Tamil Nadu government had acknowledged receipt of true copies of two bills on the National Eligibility-cum-Entrance Test returned after president declined assent in September, 2017.

 

The affidavit filed by Union Home Secretary Rajiv Gauba, said the Centre not only informed about President declining assent but had also retuned the true copies of the bills which were acknowledged by the state.

Asking why the state assembly was not informed about the development, the judges observed ministers and the relevant secretaries of the departments cannot deny knowledge of such communications.

The bench said the state government has even written to Centre asking about the reasons for denial of Presidents assent, but the Centre was yet to reply to it.

Observing further there was no impediment on the state to once again pass the bills in the assembly and send it back for the Presidents assent, the bench said it was the prerogative of the President to give assent or return. His action cannot be questioned by any one.

Senior counsel R Viduthalai for the petitioner alleged the Centre and the state government were hand in glove in the issue and it was the constitutional duty of the president to reveal the reasons of denial of assent to a bill.

Recording the submissions, the bench adjourned the hearing to August 13.

The PIL filed after the passage of the bills has sought a direction to the state government to complete the procedure for obtaining the presidential assent on or before August 15, 2017.

The Tamil Nadu Admission to MBBS and BDS Courses Bill and The Tamil Nadu Admission to Post Graduate Courses in Medicine and Dentistry Bill were passed by the state assembly in February, 2017 to exempt the state from the entrance test.