Parents And Lawyers Say Proposal Is Unconstitutional And Goes Against HC Ruling On State’s 2008 Percentile System
Mumbai: If one has to go by past precedence, court cases may soon become a regular feature during admission time. A year ago, the state government was taken to court, bang in the middle of junior college admissions, after it introduced the controversial percentile system, which pushed up the scores of SSC students vis-a-vis those from other boards. This year around, with the state mulling over the possibility of 90% reservations for SSC students, once again other boards are seeing red.
There has been a great deal of discussion on the legal implications of the reservation policy, with many contemplating taking the matter to court. “Last year, while ruling against the percentile formula, the HC clearly stated that any new policy concerning admissions should be announced well in advance. We plan to bring to the court’s notice that the government’s latest announcement violates this order,’’ said Xavier Luis, the parent of an ICSE student who moved court against the percentile system last year.
“The state government had a meeting with the SSC, ICSE, and IGCSE boards a few weeks ago, and there was no mention of the 90% reservation policy,’’ said Gerry Arathoon, spokesperson of the ICSE board, adding that the 90% reservation policy was completely unfair.
It’s little wonder, then, that parents, students and principal are fuming over the government’s latest plan. “This is ridiculous. I’ve never heard of anything more unfair. This is one of the most horrific things that a democratically elected government could come up with. I don’t think any court in the country can uphold this,’’ said Meera Isaacs, principal of Cathedral and John Connon School, Fort.
Deepshikha Srivastava, principal of Rajhans Vidyalaya, a CBSE school in Andheri, points to a rather worrying possibility. “The parents of children who study at CBSE schools usually have transferable jobs. They have come to our city to provide us with a service. For instance, the parents of many of the students from my school are working on the Mumbai Metro project. If we are hostile to children from boards other that the state board, won’t we be discouraging talented professionals from entering our city?’’ asked Srivastava.
After celebrating a 92% score at the ICSE exams, Madhuri Sarma, a student from a South Mumbai school, is shaken by the government’s latest announcement. “I was planning to go to HR College, but now I doubt I’ll get in,’’ said Madhuri. As for the government’s contention that ICSE and CBSE students score more marks than SSC students, children like Madhuri feel that both the national board exam papers are more logical and analytical. “Our syllabus is harder than that of the SSC board,’’ said Madhuri.
Many, like Perin Bagli, principal of Activity School, which follows the ICSE board, feel that the government has meted out a rather step-motherly treatment to non-SSC boards. “All the top-notch officials in the city are opting for our boards. Why doesn’t the government upgrade the SSC board?’’ asked Bagli.
When TOI contacted advocate Navroz Seervai, one of the council who appeared on behalf of the ICSE schools in the percentile case in 2008, he said that, prima facie, the 90% reservation sounded unconstitutional. “As yet, the government has revealed very few details on the matter. From whatever they have announced, the policy is discriminatory under Article 14 of the constitution. A 90% reservation, per se, sounds excessive and arbitrary,’’ said Seervai.
He added that the government’s order does not gel with some of the landmark judgments passed by the Supreme Court.
Anahita Mukherji | TNN
Mumbai: If one has to go by past precedence, court cases may soon become a regular feature during admission time. A year ago, the state government was taken to court, bang in the middle of junior college admissions, after it introduced the controversial percentile system, which pushed up the scores of SSC students vis-a-vis those from other boards. This year around, with the state mulling over the possibility of 90% reservations for SSC students, once again other boards are seeing red.
There has been a great deal of discussion on the legal implications of the reservation policy, with many contemplating taking the matter to court. “Last year, while ruling against the percentile formula, the HC clearly stated that any new policy concerning admissions should be announced well in advance. We plan to bring to the court’s notice that the government’s latest announcement violates this order,’’ said Xavier Luis, the parent of an ICSE student who moved court against the percentile system last year.
“The state government had a meeting with the SSC, ICSE, and IGCSE boards a few weeks ago, and there was no mention of the 90% reservation policy,’’ said Gerry Arathoon, spokesperson of the ICSE board, adding that the 90% reservation policy was completely unfair.
It’s little wonder, then, that parents, students and principal are fuming over the government’s latest plan. “This is ridiculous. I’ve never heard of anything more unfair. This is one of the most horrific things that a democratically elected government could come up with. I don’t think any court in the country can uphold this,’’ said Meera Isaacs, principal of Cathedral and John Connon School, Fort.
Deepshikha Srivastava, principal of Rajhans Vidyalaya, a CBSE school in Andheri, points to a rather worrying possibility. “The parents of children who study at CBSE schools usually have transferable jobs. They have come to our city to provide us with a service. For instance, the parents of many of the students from my school are working on the Mumbai Metro project. If we are hostile to children from boards other that the state board, won’t we be discouraging talented professionals from entering our city?’’ asked Srivastava.
After celebrating a 92% score at the ICSE exams, Madhuri Sarma, a student from a South Mumbai school, is shaken by the government’s latest announcement. “I was planning to go to HR College, but now I doubt I’ll get in,’’ said Madhuri. As for the government’s contention that ICSE and CBSE students score more marks than SSC students, children like Madhuri feel that both the national board exam papers are more logical and analytical. “Our syllabus is harder than that of the SSC board,’’ said Madhuri.
Many, like Perin Bagli, principal of Activity School, which follows the ICSE board, feel that the government has meted out a rather step-motherly treatment to non-SSC boards. “All the top-notch officials in the city are opting for our boards. Why doesn’t the government upgrade the SSC board?’’ asked Bagli.
When TOI contacted advocate Navroz Seervai, one of the council who appeared on behalf of the ICSE schools in the percentile case in 2008, he said that, prima facie, the 90% reservation sounded unconstitutional. “As yet, the government has revealed very few details on the matter. From whatever they have announced, the policy is discriminatory under Article 14 of the constitution. A 90% reservation, per se, sounds excessive and arbitrary,’’ said Seervai.
He added that the government’s order does not gel with some of the landmark judgments passed by the Supreme Court.
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