The Hindu : New Delhi News : Apex court declines to give interim direction on CET

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Apex court declines to give interim direction on CET

J. Venkatesan

Bench issues notice to State government

New Delhi: The Supreme Court on Monday declined to give an interim direction at this stage to the Tamil Nadu government for conducting a Common Entrance Test (CET) for admissions to professional courses for academic year 2008-2009.

A Bench of Chief Justice K.G. Balakrishnan and Justice Aftab Alam, without staying the operation of the Madras High Court judgment upholding the abolition of CET, issued notice to the State government.

When senior counsel Arun Jaitley and counsel P.R. Kovilan, appearing for petitioner Minor P. Mugila Devi and two others, sought early hearing, the Bench said the matter would be heard in April.

“No powers”

Mr. Jaitley argued that the State had no powers to enact the law abolishing the CET as only the Centre could bring such a law. In all States except Tamil Nadu, the admission was on the basis of CET.

The CJI asked counsel: “When the State does not want CET, can we thrust it?”

Justice Alam asked counsel that when the legislation had received the President’s assent, what interim arrangement could be made.

Mr. Jaitley wanted the court to give an interim direction to conduct the CET this year through a State agency with adequate provision for reservation.

Senior counsel T.R. Andhyarujina, assisted by State Advocate-General N. Kannadasan, submitted that the law was enacted after consulting the Medical and Dental Councils of India, the AICTE and the Union Human Resource Development Ministry. Any interim order at this stage would cause confusion among students.

Tamil Nadu Admission in Professional Educational Institutions Act 2006 envisages admission to all professional courses such as medicine and engineering for 2007-08 on the basis of marks obtained by students in the higher secondary examination. On April 27, 2007 the High Court dismissed a batch of petitions challenging this law. The present special leave petition is directed against this judgment.

It said the Supreme Court had conclusively decided that to determine uniform standards in education admission through the CET was the best method, which had been approved by the Medical Council of India and the All India Council for Technical Education. It sought quashing of the impugned judgment and an interim stay of its operation.

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