According to an official notification issued in May this year, the CET for all 10th class students was to be held physically across the state on August 21 before admission to junior colleges.
A division bench of Justice RD Dhanuka and Justice RI Chagla said, “The state government does not have the power to issue such notices under the law and this court can intervene in extreme cases of gross injustice.”
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The court said that while an application could not be made challenging the notification, it was a suitable case to take self-motivated (own) notice of the court.
“If the CET is allowed to be held, a large number of students will be exposed and face life-threatening. This will have a huge impact,” the bench said in its order.
The court quashed and quashed the May 28 notification issued by the government, which said that a CET would be held for all 10th class students on all boards, on the basis of which they could choose the college of their choice at the time of admission to 11th class.
According to the notification, those who are reluctant to take part in the CET will be admitted on the basis of the entire tenth class.
The High Court on Tuesday directed the state government to start admission of students for Class 11 considering their 10th class marks and internal assessment and complete the admission process within six weeks.
The High Court passed the order on the intervention of Ananya Patki, a student of IES Orion School in Mumbai, a member of the CICSE board and four IGCSE students.
The state government’s decision to hold the CET has been described as “discriminatory”.
Advocate General Ashutosh Kumbhakani had earlier argued that all students would be admitted, but those who wanted the college of their choice must take the CET.
Advocate Yogesh Patki, father of the petitioner, told the High Court that the decision was taken in a “strange” manner and the date of examination was announced on July 19 in a “short notice”.
This violates Articles 14 and 21 of the Constitution and will create problems for millions of immunized students aged 15-16 to appear for offline exams, he said.
Kumarkoni, representing the Maharashtra government, said the state was capable of issuing CET notifications, which would be administered in accordance with the “CHIK” and all COVID-19 protocols.
He said 10.755 lakh students have registered for the CET, including a large number of CBSE students.
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