Bombay HC quashes notification for entrance test for junior college admissions

The court directed the state to conduct admissions based on the evaluation of different boards and complete the process within six weeks

The Bombay high court on Tuesday quashed the May 28 notification of the Maharashtra government to hold a common entrance test (CET) for first year junior college (FYJC) admissions for the academic year 2021-22. It said it is a “fit case to intervene” as allowing the CET would cause gross injustice to students.

The Bombay high court. (File photo)

The court directed the state to conduct admissions based on the evaluation of different boards and complete the process within six weeks.

A petition filed by a student had sought the quashing and setting aside of the notification on the grounds that it was discriminatory as it would be based on the state board syllabus and was unfair to students from other boards.

Advocate general Ashutosh Kumbhakoni, who appeared for the state, asked the court not to pass any adverse orders as it would affect the commencement of the academic year. Kumbhakoni submitted that the admissions to FYJC would be based on merit-cum-choice and hence there would be a uniform opportunity for all students to secure a seat in the college of their choice. He added that priority would be given to students who appeared for CET at the time of admission over those who did not take it.

On the objection of students from other boards, Kumbhakoni submitted that based on the court’s suggestion, the state held a meeting of representatives of all boards through video-conferencing and asked them to provide a bank of 200 questions to the state. He said that while the state had proposed to have four question papers of 25 marks each, the state was willing to have three papers based on the questions banks provided by other boards.

In the order the bench, while referring to the delay that would be caused due to conduction of CET, said, “The commencement of the academic year would be further delayed without achieving any purpose and object. In our view, due to such Government Resolution issued without authority in law and by imposing such arbitrary and unreasonable conditions, large number of the students who have been waiting to start their second inning by taking admission in junior college are suffering from mental trauma, anxiety and tension.”

The court further added that the CET was illegal and permitting it would cause gross injustice to all the students including students who passed in Xth Standard through their respective boards.

The court further stated that if the students who have been promoted to FYJC by other statutory boards were asked to appear for CET under compulsion, in view of such students having different syllabus, they will not be able to secure good marks in comparison to the students of SSC board and this would amount to gross discrimination and injustice to those students.

In light of these observations the court said, “Since, such action of the state would affect right to life of large number of students, court cannot be a silent spectator in such circumstances. It is the duty of the court to intervene and to protect the people of our country by setting aside such resolution having far reaching consequences.”

The court concluded its order stating, “The state government is directed to issue appropriate order in this regard cancelling the proposed CET examination for the benefit of the students and other stakeholders within 48 hours from today.” The court further directed the state to complete the process of admission for Class 11 to various junior colleges in the state of Maharashtra on the basis of marks secured by Class 10 students by evaluation method/internal assessment within a period of maximum six weeks.