HC suggests compromise formula over CET
Chennai, Feb 22 (UNI) Madras High Court today suggested a compromise formula to conduct plus-two examination for State Board students and entrance examination for non-state board students on the same day, to remove disparity or injustice.
During arguments on petitions from a minor, Nishanth Ramesh and others, a Division Bench comprising Chief Justice A P Shah and Ms Justice Prabha Sridevan made the suggestion and posted further hearing of the case to tomorrow as arguments were inconlusive.
Advocate General N R Chandran and Additional Advocate General A L Somiyaji said they would put forth the suggestion to the State Government and inform the court tommorrow.
Senior Counsel K M Vijayan ring for Ramesh, said suggestion would not work as it was a qualifying examination for State Board atudents while it was an eligiblity examination for admission for non-state board students after they appeared for qualifying exam.
Mr Chandran said all along non-state board students were tested on the basis of state board subjects in the Comman Entrance Test.
Similarly, they had to write the entrance examination this year too.
The Bench said, 'You are testing the students by two separate methods. CBSE students are being considered on the basis of results of Central Board subjects.' Mr Chandran said procedure followed earlier had been followed this year too. CBSE students' merit was tested on the basis of state board subjects. It was a Common Entrance Examination because it was common to all non-state board students.
The Bench said if the idea was to test inter-se merit, 'your legislation completely fails'. There were two different examinations for State Board and non-State board. The legislation prevented CBSE students from applying for courses unless they write CET, it said Mr Chandran said there could not be any discrimination. Medical Council Regulations applied on the last occasion because there was no CET. But now there was CET and non-state board students were equalised with state board students. State Board students were writing two exams on the same subject. CET was a surplus exam for the State Board. So, the legislation sought to dispense with it for state board students. If it was a GO, it could be tested on validity. If it was legislation, the court had to presume its validity.
The bench said it could be tested on the touchstone of Article 14 of the Constitution.
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