This is an archive article published on August 7, 2021
Class XI admissions: HC reserves verdict on plea challenging CET
The HC inquired with the state government about consequences in case the plea was allowed and whether the centralised admission process (CAP) will be held online.
Advocate Yogesh Patki, the petitioner's father, told HC that the decision was taken in a “haphazard manner” and the exam date was conveyed on “short notice” on July 19.
The Bombay High Court on Friday reserved its verdict on a plea seeking quashing of the May 28 order of the Maharashtra government on holding a common entrance test (CET) for students of all educational boards for admissions to Class XI or first-year junior colleges based on the syllabus of Maharashtra State Board of Secondary and Higher Secondary Education.
The court is likely to pass the order on August 10.
The HC inquired with the state government about consequences in case the plea was allowed and whether the centralised admission process (CAP) will be held online. It also sought to know if CET was held on August 21 as scheduled, how will the state ensure that over 10 lakh students from across boards sit for the offline exam by following Covid-19 protocols.
A division bench of Justice R D Dhanuka and R I Chagla was hearing a writ petition filed by Ananya Patki, a student of Mumbai’s IES Orion School — affiliated to CICSE — describing as discriminatory the May 28 notification, which had also stated that those unwilling to appear for the CET would be admitted based on the aggregate of their Class X marks.
Advocate Yogesh Patki, the petitioner’s father, told HC that the decision was taken in a “haphazard manner” and the exam date was conveyed on “short notice” on July 19. He added that this violated articles 14 and 21 of the Constitution and would cause problems as lakhs of non-vaccinated students in the 15-16 age group would have to appear for offline exams.
Advocate General Ashutosh Kumbhakoni, representing Maharashtra government, said that the state was competent to issue the CET notification, which is “optional” and will be conducted by following all Covid-19 protocols.
He added that even if CET is conducted on August 21, Class XI admissions will continue till October and the academic year will commence from November. “While CET is to determine merit and CAP is to determine choice, if a student wants to get into a preferred college, he or she must compete with others,” he said.
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Kumbhakoni pointed out that students of SSC or CBSE have not approached the court and their “larger interest” should also be considered.
The court told the government that students across boards, including the state board, were given marks “liberally” by schools. “The results show that marks of other boards and your boards are not much different,” it added.
To this, Kumbhakoni said that as “their (students) merit has not been assessed on a common platform”, the CET was required in an emergent “peculiar and volatile” pandemic situation.
On August 4, the state had told HC that it was considering an “inclusive” evaluation method by having a common question paper comprising questions based on the question banks from all boards.
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On Friday, maintaining that CBSE was not equipped to provide questions to the state board, its counsel asked the government to consider continuing with the existing manner of evaluation based on Class X marks and delay holding CET by a year. The other boards also showed reluctance to submit a question bank as proposed.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
