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The Bombay High Court on Tuesday heard arguments of all parties including the state and the petitioners,on the disputed Best-five rule for SSC students. The judgment,which will reflect on admission to junior colleges,is likely on Wednesday.
A Division Bench of Justice J N Patel and Justice S C Dharmadhikari heard arguments on the Government Resolution,issued ostensibly to bring the lakhs of state board students on par with students from other boards like ICSE and CBSE while seeking admission to junior college.
Under the rule,only five subjects in which a student scores the best,out of all the subjects would be taken into account. This,the petitioners who have challenged the rule argue,is to give SSC students an advantage.
When the court wanted to know the repercussions if other boards adopt the policy,and how much time the boards would need to implement it,Advocate General Ravi Kadam,appearing for the state,said,Theyve missed the bus. They can do it only next year.
Kadam added the state board had already prepared marklists in accordance with the new rule.
The court also asked if the central boards were ready to adopt a similar policy. When the boards asked whether the state government would accept it if they did,Kadam said,Let them come with certificates with five subjects,we will accept it.
Kadam submitted that their decision stems from the fact that if a student is weak in one subject,but otherwise is a brilliant student he/she can benefit from this policy. The policy has been implemented to reduce stress on students, Kadam said.
The rule was challenged in petitions filed by Sangita Shah and 20 others. The petitions moved by parents of students who cleared the ICSE and CBSE boards this year,also sought a similar policy for other boards.
State board Advocate Deepa Chavan said the rule was made at the SSC boards insistence. The judges did not buy the boards justification that the rule was aimed at removal of the disadvantage faced by SSC students. You cant say students are suffering and they have a disadvantage. We did not uphold that argument last year also, Justice Dharmadhikari said,reminding the state board of the 90-10 rule struck down by the court last year.
Appearing for the ICSE board,counsel Raju Subramaniam said they didnt have any problem if all the boards are treated on par. He also said that as per the courts judgment in 90-10 case the state ought to have consulted other boards to bring an equivalence to the whole issue.
Rafiq Dada,counsel for the petitioners,parents of students who passed CBSE,ICSE boards this year,argued that the Best-Five rule will push merit to the backseat.
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