A Division Bench of the Madras High Court on Thursday began hearing the appeal filed by the State government against a single judge order quashing a G.O reserving 85 % of seats to students, who have studied in State board schools for admission to undergraduate medical courses for 2017-18.
Beginning his arguments, Advocate General R. Muthukumaraswamy said the government was duty-bound to make provisions to protect the interests of a vast majority of students from State board schools, who did not have access to CBSE schools. The State, he said, had powers to issue the G.O. and that there was no illegality. The students could not be held responsible for sudden change in the pattern of admission, which is mainly based on syllabus, methodology and examination entirely different from each other.
Senior advocate N. L. Rajah, representing another batch of State board students, pointed out that when CBSE students had complained that they do not get as many marks as those from the State board schools, the State government came out with a scheme of parity. “Nobody had any objection then, because it was understood that both streams are different. Now, when State board students are at a disadvantage and the State government has stepped in to bring in parity, the CBSE students are protesting. It is not fair,” he said.
Appearing on behalf of a few students from State board schools, senior counsel P. Wilson explained how till 2010 the State had four different boards of education, and in the statement and objects of the Uniform System of School Education Act, the government stated there was no uniformity in the system of education, which is why the Act has been brought in. “When there is an apparent admission by the State itself that the system of education is not uniform, how can the court disbelieve such a statement made in the Act,” he asked.
Senior counsel Nalini Chidambaram and P.S. Raman appeared for CBSE students. After hearing arguments, the Bench adjourned the matter to July 26.