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Thursday, Jun 23, 2005

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High Court may quash order abolishing CET

A. Subramanian

"Frame a third formula to ensure that none of the sections of the student community is affected"

CHENNAI: Not convinced by the State Government's logic for abolishing the common entrance test for professional course admissions and the improvement examination scheme, the Madras High Court on Wednesday indicated that it might strike down the impugned order for this year.

"Subject to what the senior counsel appearing for the State has to say further, this court will strike down the impugned Government Order for this year. The entrance test and the improvement examination for the present year have already taken place and results too have been declared," observed the First Bench comprising the Chief Justice Markandey Katju and Justice F.M. Ibrahim Kalifulla.

The Bench was hearing around 400 writ petitions from Plus-Two students challenging the June 9 GO, which dispensed with the CET and discontinued the improvement scheme with immediate effect.

`Discrimination'

While counsel for the petitioner-students said the new policy discriminated against students of CBSE and ISCE streams, senior counsel for the State submitted that the existing selection system was detrimental to the interests of rural students.

Concurring with both the views, the Bench said the Government, which had one full year before it, could frame a "third formula" and ensure that none of the sections of the student community was affected.

After senior counsel K.M. Vijayan completed his arguments on behalf of students, the Bench wanted the Government side to address two specific points: first with the statutory provisions in the Indian Medical Council Act and the All-India Council for Technical Education Act mandating a common entrance test and how the State Government could override these delegated legislation by way of an administrative order. Secondly, as laid down by the Supreme Court in 1998, a common entrance test was a must in case of States, which had more than one "examining body." Since, admittedly, Tamil Nadu had at least three examining bodies — the State Board, the CBSE and the ISCE — how the Government proposed to get over the requirement.

The Bench was also of the view that the Government could have introduced the new policy at least six months in advance. Or the present announcement could have been brought into force in the next academic year. "It is unfair to issue the GO after the entrance examination and the improvement examination were held, and the results declared."

Earlier, Mr. Vijayan said the GO undermined the legitimate expectation of students who had put in money and effort into the examinations.

P.P. Rao, senior counsel for the State, said the rationale behind the new policy was to ensure a level-playing field for rural students who were handicapped while competing with those from cities. The arguments are to continue on Thursday.

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