Kerala - Kochi   

High Court declines to stay single-window system

KOCHI: The Kerala High Court on Thursday declined to stay the operation of a government order introducing a single-window system for admission to merit seats in higher secondary schools in the State from the academic year 2008-09.

Justice K.T. Sankaran, while refusing the plea for stay made by counsels for minority aided school managements and other petitioners, said he did not think that the constitutional rights of the managements concerned were infringed because of the introduction of the system. The right to administer educational institution by the managements was not interfered with.

As per the system, a mode of admission for ensuring transparency had only been provided for. The right to admit student was still vested with the committee as provided in the prospectus. A meritorious candidate could not be denied admission by the managements. Under the system, the mode of selection of candidates as per merit and as per option was only changed. The right of the management of aided and minority institutions was not affected.

The court observed that before implementing the new system, it could not be presumed that it would be a failure and detrimental to the interests of the student community. The court said that prima facie, it was of the view that the contention that the system would be against the interest of the student community was without any substance.

The court said the arguments that a student was not sure whether he/she would not get admission in the same school in which he/she studied up to standard X and that he would incur extra expenditure if he/she got admission in far away schools “would not constitute a sufficient reason for staying the implementation of the system.”

The Judge observed that he did not find any reason to reject the submission of the Advocate General that in-built safeguards such as awarding bonus marks would be adequate to ensure admission of the students in the same school in which they studied.

The court also noted that the records handed over by the Advocate General prima facie showed that there was some sort of discussion with the representatives of the affected parties before deciding to introduce the system.

The court also pointed out that except the averment made by the petitioner that the system was not successful, there was “no acceptable material” to show that the system introduced in higher secondary schools in Thiruvananthapuram last year was a failure. The court also observed that the managements had not challenged the system when it was introduced in the district.

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