A bench of Justice Ramesh Dhanuka and Justice Riaz Chagla came on an application of ICSE student Ananya Patki and four students of IGCSE (Kavya Bhatt, Manab Chopra, Zia Shah and Rashi Agarwal) seeking intervention. Based on the SSC board syllabus. The state government has been directed to “issue appropriate order to cancel the CET within 48 hours” and “to complete the admission process based on the marks obtained by the student tenth class through assessment / internal assessment within a maximum of 6 weeks.” Some “10.98 lakh” were registered for the option CET held on August 21.
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Judges Ananya’s father Advocate Yogesh Patki and Senior Advocate Mihir Desai, on behalf of IGCSE students, submitted that there is no provision in the rules of CET under the Maharashtra Board of Secondary and Higher Secondary Education Act, 1965. The judges said that in the guise of issuing an executive order under Article 2 (scope of executive power of state affairs), the state cannot go beyond the constitution and rules. The bench said, “In our view, such a condition is arbitrary, harsh, playful and without the authority of law.” In their page order, the justices said the state government had acted against the law and regulations and had “exceeded its powers by issuing GRs which resulted in bans or conditions that would affect the admission rights of students from other boards”. In junior colleges they are attached to the State Board as per their choice. ”
The judges said that since SSC and other boards were allowed to promote their students on the basis of a certain marking pattern and such marking pattern was used individually by each of the boards, the state government could not impose a condition in GR that would affect Regulation 79. Eligibility criteria already determined under (1). “In our view, such a condition is arbitrary, harsh, humorous and without the authority of the law. The Respondent No. 2 (SSC) -Board imposes a condition that the right of admission to the first year junior college granted to students who have passed the tenth examination from other statutory boards cannot be taken away. “They further mentioned that in the SSC syllabus, students from other boards are required to appear for the CET and those who appear in the CET for admission in the first phase will be given priority,” the state government said. ”
The judges said that because of the GR, a large number of students “who are waiting to start the second innings after being admitted to junior college are suffering from trauma, anxiety and tension.” They said the approval of the CET would delay the start of the academic year and that it would “do extreme injustice to all students, including students who have passed Class X through the SSC board.”
The judges said the conventional admission process (CAP) over the past few years was based on merit-cum-preference. They rejected Advocate General Ashutosh Kumbakoni’s claim that the introduction of such CET exams would be considered for merit-co-opted students. The judges noted that “no credible reason has been brought to the notice of this court by the State Government that any objective will be achieved by issuing the CET test and especially the resolution introduced in this epidemic situation.” They further said that the GR was otherwise “unclear in terms of the percentage required for reserved class candidates and various aspects related to minority quotas and it cannot be implemented.”
The judges were dissatisfied with AG’s argument that since the CET would be held for only two hours, there would be no prejudice against the students. They said students who are not vaccinated are forced to appear for violating the CET and especially the Standard Operating Procedure (SOP) issued from time to time. “If these students present themselves in such CET exams, they will expose themselves and risk their lives. Life is more important than the choice of students for admission to the junior college of choice, subject to the qualifications of each student.
The judges reviewed the three letters sent to the state by the ICSE, CBSE and IGCSE boards, adding that “this will indicate that none of these boards who are not in favor of this application have voluntarily or unwillingly agreed to participate in the CET exam and advised to do so.” The exams are closed. ”The judges said,” In view of the protests of those boards, in our view, if the CET exam is allowed to be conducted by an educated Advocate General, no purpose and objective will be achieved. ”
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