Justice Pratik Jalan said that matters of academic policy were best left to the university and the court would be slow to intervene.
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The court was hearing an application by a UB-candidate seeking a “scaling mechanism” for the marks obtained by students from different boards to provide a level playing field, “To me, this is entirely a matter of policy. Say? How can we say that the mark of the board has been high and so low? … I do not think that a court can enter into reverse engineering on such a basis, “the judge said.
The court further said, “We feel that the petitioner’s complaint is inadmissible and depends on the policy decision of the university.”
The petitioner argued that even after achieving more than 98 per cent in 12th class, he could not get admission in the course and college of his choice.
“Take the cookie as soon as it breaks. We have to accept it. There’s no reason to despair … you’ll be admitted. There are great colleges and universities all over India, ”the judge told petitioner Gunisha Agarwal, who was present during the hearing conducted through video conferencing.
Lawyers Bipul Ganda and Anirudh Sharma, representing the petitioner, claimed that 49 per cent of the students admitted in the first cut-off list belonged to the Kerala State Board, as against 13.6 per cent and 14.80 per cent from CBSE and ISC respectively.
The lawyer added that 27 per cent of the successful candidates in the first cut-off were from the Rajasthan State Board.
For the Kerala board, both Class 11 and Class 12 numbers are being considered which is leading to an unequal number of admissions from there, the applicant’s lawyer said.
“The applicant came to know that Kerala State Examination Board got maximum 100 percent marks and a total of 6000 students of Kerala State Board got 100 percent marks. Similarly other state boards have adopted their own method for giving marks to students,” the application said.
“I am in trouble because I came from CBSE … Suddenly the students of other boards have become brighter this year,” the lawyer submitted.
The court noted that the application was filed after the applicant participated in the admission process, not the CBSE marking scheme approved by the Supreme Court earlier this year due to epidemics.
The court said, “Some state boards may develop a different method of assessment that results in some variation in the average score (admissions process) not explicitly arbitrarily requiring intervention.”
“Supreme Court rulings make it clear that in matters of academic policy, a writ court is slow to intervene,” it clarified.
M Rupal, a lawyer at Delhi University, said the university could not assess “which board has been liberal” as part of its admission process.
“If more students from a particular university (if a particular board) get higher marks, we cannot deprive them,” he added.
In his application, the petitioner sought directions for repeal of the policy of equal payment of marks given by different boards of different states, saying that the present system of governance does not provide a “level playing field”.
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