State trying to control education: ICSE counsel
A day after the state claimed that the government resolution on the 90:10 quota policy was a classification and not reservation, the counsel for the Association of ICSE Schools of Maharashtra argued that it should have been made clear in the order.india Updated: Jul 01, 2009 01:02 IST
A day after the state claimed that the government resolution on the 90:10 quota policy was a classification and not reservation, the counsel for the Association of ICSE Schools of Maharashtra argued that it should have been made clear in the order.
“It is obligatory on the part of the government to give reasons in the order itself. It cannot be sub-planted later on to justify its (order’s) bona fide,” said Navroz Seervai, counsel for Association of ICSE Schools of Maharashtra.
KK Singhvi, the counsel for the state, had told the court on Monday that the government resolution (GR) was a classification and not reservation.
The government has been arguing in court that the 90:10 quota is classification and reservation.
The constitutional validity of the GR has to be tested on whether such a reservation is permissible, Seervai said. The Supreme Court has time and again said micro classification is not permissible, he added.
Even while trying to implement the percentile system last year, the state had told the court that it was a classification, but it was turned down, he added.
By such a “classification”, the government is seeking to bring education under its control. The government cannot thrust 90 per cent of students on aided, unaided, minority or private colleges, said Seervai, adding that the colleges had the right to choose students.
Regulation 79 of the Maharashtra Secondary and Higher Secondary Board Regulations treats all students passing from Secondary School Certificate and other boards on par.
Arguing on behalf of the ICSE Board, Raju Subramaniam, said, “merit has no role to play in this year’s admission process in junior colleges.”
Subramaniam will continue his arguments on Wednesday. The government will also present its arguments on bringing such a “classification” on Wednesday.