HC questions state’s right to grant marks for sports quota

The Bombay High Court on Wednesday questioned the state government’s authority to grant 25 grace marks to SSC and HSC students for participating in state or national level sports events.

The Bombay High Court on Wednesday questioned the state government’s authority to grant 25 grace marks to SSC and HSC students for participating in state or national level sports events.

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The court is likely to give a verdict on the matter on Thursday.

“Can state government issue a direction, which is contrary to an existing regulation?” asked the division bench of Justice D.K. Deshmukh and Justice R.P. Sondur-Baldota referring to a regulation framed under Maharashtra Secondary and Higher Secondary Boards Act, 1965.

The court was hearing two petitions filed by two city-based ICSE Board students, Richa Shivram Nadkarni and Vidhi Rajesh Khetan, challenging the state's decision on the ground of discrimination.

Their lawyer V.M. Thorat contended that both the petitioners had participated in sports events either at state or national level but are not getting any extra marks.

He argued that the State Board, under existing regulations, had no authority to grant such extra marks.

State Board’s counsel Deepa Chavan countered the argument saying the grace marks were being given on directions of the state, which has enough powers to issue such directives.

The judges however, found that the provision referred to by Chavan, empowered the Board only to grant certain grace marks to students excelling in sports, if they fail to reach the passing mark.

The court deferred further hearing on the petitions till Thursday as Advocate General Ravi Kadam, representing the state wasn’t available.