Mumbai, July 07: The state government’s second attempt at wooing the majority SSC (state board) students fell flat on Monday when the Bombay High Court set aside the government resolution that reserved 90 per cent of seats for SSC students and the rest for those of other boards like the ICSE and the CBSE.
The court said it had seen through the government’s political agenda and observed, “The GR has been issued only for political ambitions and to favour students belonging to the SSC board.”
A division bench of Chief Justice Swatanter Kumar and Justice S C Dharmadhikari read out the operative part of the order in a courtroom packed with students, parents, government officials and representatives of various boards. The court said admission can start and those who are yet to submit forms should do so by 5 pm on Tuesday.
The judges observed that the state’s decision reeks of arbitrariness and unfairness. The court held that the golden rule of merit-cum-preference has been flagrantly violated.
The judges observed that the state in consultation with the board could have introduced a process for determining merit properly, such as an entrance test on a common platform.
The judges also noted that the suggestion of constituting a core group remained unexecuted. On June 17, instead of 42 persons, six principals got together to discuss the issue, the court noted. “This apparently is an act of undue haste by an incompetent body in violation of principle.”
The court brushed aside the state’s contention that the decision would ensure parity and reduce social and emotional problems of SSC students. Besides, reservation of 90 per cent has the effect of ousting students of other boards seeking admission in colleges of their choice, the court said. The court said that the maximum reservation cannot exceed 50 per cent and even that would have to be examine.
The state had sought to argue that the proposed formula was a classification rather than a reservation. The court said the expression “classification” is a camouflage to cover the reservation, which could only be provided by enactment of proper law.
The state government sought a stay to move the Supreme Court, which was rejected by the court in view of the already delayed admissions
–Agencies