Verdict on 90:10 debate likely today

Students On Edge As High Court To Announce Decision On State Govt Proposal Reserving Seats For SSC Candidates

Swati Deshpande | TNN

Three days after 12.78 lakh students in Maharashtra passed the State Secondary Certificate (SSC) examination, their hearts will once again be on the edge on Monday. That is when the Bombay high court is expected to decide the fate of the state’s controversial decision to reserve 90% seats for SSC students in junior college admissions from this academic year.

Close to 7,500 ICSE students and 16,359 CBSE students across the state would also be biting their nails, as a go-ahead for the state’s 90-10 formula would mean that their chances to “grab’’ seats, as the state education department said in its affidavit, in premier Mumbai colleges would stand highly reduced. In Mumbai alone, 2.63 lakh SSC students were declared passed.

The HC had last week fixed June 29 as the day for finally hearing and deciding the clutch of petitions against the June 18 pro-SSC government resolution.

The legal team for the ICSE board, some ICSE school managements and parents of ICSE students met variously over the weekend to chalk out their strategy in court. On the other hand, the pro-government PTA United Forum and the Palak Sanghathna also held brainstorming sessions.

The first petitioner before the court, a local lawyer Viraj Maniar, whose daughter studied at the Kandivli-based Thakur Public School (ICSE), has not filed a rejoinder to the state’s affidavit. His lawyers said that after analysing affidavits filed by the education department and the SSC board to justify the 90:10 formula, they decided that the main issue that needs to be raised is still on constitutional grounds, of violation of equality. Significantly, they said, the state’s own affidavit does not show that the 90% reservation has any corelation with undoing any existing disparity in the admission pattern between students of SSC and other boards. “The percentile formula of last year at least had some co-relation to normalise the system. How 90:10 fits in is inexplicable,’’ said a lawyer.

One of the petitioners, a Pune-based doctor whose daughter was a CBSE student, has filed a rejoinder denying the state’s contention that there was a “consulative process prior to the decision’’.

He said there had been no consulation with all the stake holders as required and mandated by the HC in its ruling quashing the 70:30 percentile formula last year. His lawyers also said the very nature of the reservation, treating one set of board students preferentially, was illegal and against fundamental rights.

Those opposing the state will also rely on several Supreme Court judgments including the 2003 landmark verdict in the Saurav Chaudhary case where the court held as unconstitutional any reservation in education which goes against the golden rule of merit-cum-preference.

The state is relying on the proportional seat sharing formula as its justification and that the decision would undo the existing “imbalance’’ in FYJC admissions. It is relying on the minority view in last year’s verdict against its percentile system where the judge acknowledged that on account of the dissimilarity in exam patterns, SSC students suffer and lose out on seats.

Countdown To Judgement Day
June 9 | School education minister Radhakrishna Vikhe Patil first speaks of a 90:10 reservation system for seats in junior colleges

June 18 | State comes out with the controversial 90:10 government resolution which aims at setting aside 90% seats for state board students

June 19 | State’s 90:10 is challenged in the Bombay High Court by Viraj Maniar, a lawyer whose daughter studied in an ICSE school

June 22 | Other parents of ICSE and CBSE students challenge 90:10; HC clubs all cases and defers matter to June 24

June 24 | The state submits its affidavit justifying the 90-10 reservation. ICSE lawyer asks for time to reply. State assures that admissions would proceed but not finalised

June 29 | Court will hear all the petitions

Parents Worried Over ‘Politically Motivated Idea’
My son, who scored 84% is now applying to junior colleges in other states because we are afraid he won’t get in anywhere here now. How can the government downgrade a more comprehensive syllabus just because it is not the choice of the masses? This is like comparing apples to oranges and is clearly a politically motivated idea. I hope the court strikes down the crazy proposal.
Sumitra Prabhu | PARENT

We are extremely tensed about Monday’s hearing. We don’t know what to expect of it. In fact, we have not even filled the application form, as we do not want to lock our choices as of now. We will wait for the verdict before doing so.
Meher Marfatia | PARENT

We are paying the price for being politically incorrect, literally. Our children are being made scapegoats, their futures are hanging by a thread. My daughter has scored 93%, yet we have no confidence she will get the college of her choice. Reservation will not create uniformity. If different boards can co-exist in other states, why not here?
Priti Kripalani | PARENT

Students Nervous, Look To HC With Hope
I am very nervous about Monday’s verdict. I’m afraid if the quota is implemented, it will reduce seats in the college I want to get into. It will mean I may not make it despite getting 95.28%.
Karan Bhansali | ICSE

I haven’t filled in my college preferences yet and will wait for the court to give its verdict before I lock my options. I have scored 92.5% and I feel that the state is not comparing the boards correctly. The ICSE portion is really vast. But the government is not interested in that. They are merely comparing our scores and the manner in which exam assessment takes place. I don’t think that’s fair.
Ankita Patil | ICSE

A few of us have been caught up in this madness. I scored 94% but that seems useless now as I don’t think I will be able to get into the college and stream of my choice. I want to pursue electrical maintenance from D G Ruparel College and if the 90:10 formula is implemented, there will just be three or four seats for us in that stream.
Dakshesh Thacker | ICSE

I am waiting for Monday’s hearing and what I will do next will be based on what the High Court rules. In case the 90:10 is implemented this year, I may consider joining an ISC or an IB school, if I don’t get into a good college. I have scored 90%, but a lot of SSC students have also scored really well this year. Most of whom I know have secured 94% or 95%.
Monica Kumta | ICSE

I’m not very tense partly because I’m hoping justice will be in favour of ICSE students. I have scored 96% and I think that my marks are good enough to enable me get admission in a college of my choice. But what I’m worried for is my friends, many of whom may not have scored very high.
Nimoy Kher | ICSE