Bombay High Court reserves order on petition challenging law entrance exam

Maharashtra government, represented by senior lawyer Shrihari Aney, justified its stand over its recently conducted exam for law aspirants.

By: Express News Service | Mumbai | Published:July 5, 2016 5:43 am
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The Bombay High Court reserved its order on a petition challenging the most recently introduced common law entrance test in the country — the Maharashtra CET. The state government, represented by senior lawyer Shrihari Aney, justified its stand over its recently conducted exam for law aspirants.

It said it has executive powers to have its own common entrance test.

A petition has challenged the mode and manner in which it was conducted.

Advocate Pradnya Talekar claimed there was absence of transparency in the “mode and manner” of conducting the exams, saying there was no prior notification on the syllabus for the tests.

Talekar argued that there was no specificity on questions pertaining to either General Knowledge or Mathematics. “Whether it should be trigonometry, geometry, the state did not specify. And, it was not even notified to students,” she argued.

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Earlier, Aney had defended the state’s decision to conduct the law CET, asserting that the executive had the powers to conduct CET.

“It is wrong to say that the state does not have jurisdiction,” said Aney.

Talekar countered the argument, citing a Supreme Court judgment, which said in the absence of a state legislation over any provision, the state executive does not have the power to legislate.

“It will be done by the union and not the executive,” she stressed. The Bar Council of India has also opposed the law CET, saying it was not privy to the executive action of conducting the entrance exam.

Around 30,000 law aspirants took the Maharashtra CET last month for 26,340 seats in 124 colleges across the state.

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  1. P
    Pradnya
    Jul 5, 2016 at 7:39 am
    Slight correction - the judgment was cited on the point that scope of article 162 is limited by the subjects that fall in list I and even where there was no law by the Parliament, the state executive could not venture in the area.lt;br/gt;Whereas the quote ought to have been "It may be done by the legislature and not the executive".
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