HC throws out Maharashtra quota bid

The Maharashtra governments second attempt to reserve 90 per cent of junior college seats for SSC students...

The Maharashtra governments second attempt to reserve 90 per cent of junior college seats for SSC students in the state fell flat on Monday after the Mumbai High Court set aside the government resolution (GR),dated June 18,regarding the same.

The court said it had seen through the governments political agenda and has thereby observed that the GR has been issued only for political ambitions and to favour students belonging to the SSC board.

A Division Bench of Chief Justice Swatanter Kumar and Justice S C Dharmadhikari on Monday read out the operative part of the order at 3 pm in the courtroom packed with hordes of anxious students,parents as well as state officials and various boards officials.

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Observing that the states decision reeked of arbitrariness and unfairness,the judges stated that despite the directions to the government in the majority judgment in the percentile case,the directives have been followed by the state only in its breach by repeating the same illegalities and irregularities.

The court held that the golden rule of merit-cum-preference which is the only logical and acceptable principle for allotment of seats has been flagrantly violated. The judges also observed that the state,in consultation with the board,could well have introduced a proper merit determinative process,,like an the entrance test,so that the merit of all students could be judged by a common standard.

The judges held that the state board is the only competent authority to regulate such affairs. It appears that the statutory board has practically slipped into the hands of government functionaries, the Chief Justice said.

Whatever name it may be called,reservation or classification or a quota,the GR could hardly be covered under any known canons of protective discrimination,the court observed.

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The states contention that their decision would bring parity and reduce social and emotional problems faced by SSC students has been brushed aside by the court stating that such an act would be impermissible as a decision based on emotion could hardly substitute statutory provisions.

Besides,90 per cent reservation led to the ousting of other board students seeking admission. The court said that the maximum reservation could not exceed 50 percent and even that would have to be examined.

Following the verdict,the state government sought a stay to move the Supreme Court which was rejected by the court in view of the already delayed admissions.