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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.”
“If at this stage the CET examination is allowed in this manner, it would be an extreme injustice to all students, including those who have passed Class X from the SSC board. There is no rationale for launching such CET exams in such an illegal manner, ”the court said in its judgment.
Further, the state government could not give “good reasons” as to what the CET would do, especially in the event of an epidemic. “Admission to Class XI was a priority” arbitrary, unreasonable, harsh, discriminatory, ridiculous and in violation of Article 14 (which guarantees the right to equality) of the Constitution. ” (State) will treat students who have passed the tenth examination from the board unequally.Even if a petition challenging the CET is not filed, it will be appropriate for the court to take self-motivated (own) notice.
“Since such a move by the state government will affect the right to life of a large number of students, the court cannot be a silent spectator …”, the High Court said. It could potentially lead to the spread of a deadly infection. ” “A large number of underage students who are more susceptible to the epidemic will be forced to put their lives at great risk which would be a gross violation of their livelihood. This will have a serious cascading effect. Life is more important than students’ choice for admission to the college of their choice, ”the bench said. The court thus quashed the May 28 notification of the CET declaration. According to the notification, those who are not willing to appear for the exam will be admitted to Class 11 on the basis of the total number of Class 10 students. The High Court directed the state government to start the admission process in Class 11 on the basis of Class X marks and internal assessment scores of the students. It said the admission process should be completed within six weeks. State government lawyer Advocate General Ashutosh Kumbhakani requested the court to stay the order so that the government could appeal.
The court said it was not interested in doing so because the issue involved the right to life of millions of students.
Ananya Patki, a schoolgirl from Mumbai affiliated to the ICSE board, challenged the CET. Four students of the IGCSE board also applied for intervention. The petition claimed that the CET would be discriminatory as it would be based on the Secondary School Certificate (SSC) syllabus of the Maharashtra government. Advocate General Kumbakoni told the court that all students will be admitted to Class XI, but those who want the college of their choice must take the CET. Advocate Yogesh Patki, father of the petitioner, argued that the decision was taken at random and the date of examination was announced in a short notice, 1 July.
He said it violated Articles 14 (right to equality) and 21 (right to life) because millions of unvaccinated students between the ages of 15 and 16 must appear for offline exams.
Kumbhakani noted that the CET was not mandatory, and in any case, all safety rules would be followed when conducting it.
He said about 10.755 lakh students have registered for the CET, including a large number of students from CBSE schools. School Education Minister Barsha Gaikwad said the government would decide on the next steps after studying the High Court order.
He said, “It has been decided to organize CET to reduce the educational loss of students. Last year students suffered educational loss. We will study the decision of the High Court and take action accordingly.” One teacher said it was frustrating.
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