New Delhi: The Tamil Nadu government on Friday moved the Supreme Court challenging a Madras high court judgment quashing an order providing for 85 per cent quota for State Board students in medical admissions in Tamil Nadu on the basis of Neet marks.
The state had earmarked the 85 per cent of the seats to the students who have studied in Tamil Nadu State Board and 15 per cent of the seats to the students who have studied in CBSE and other Boards for admission to MBBS/BDS courses for 2017-2018 session after surrendering 15% of the seats to all India quota, in government medical colleges and government quota seats in self financing private medical colleges.
Both a single judge and a division Bench of the high court had struck down this order as unconstitutional as it violated right to equality and a hostile discrimination against CBSE students.
In its special leave petition, filed through counsel K.V. Vijayakumar, the state said it is also well settled that policy decisions must be left to the Government as it alone can adopt / decide which policy should be adopted after considering all the points from different angles. In the matter of policy decision or exercise of discretion by the government, so long as infringement of fundamental rights is not shown, the Courts will have no occasion to interfere. In assessing the propriety of a decision or the Government, the Court cannot interfere even if a second view is possible from that of the Government.
The SLP submitted that admittedly the syllabus for classes XI and XII taught to the students studying in the state board is different from the syllabus taught by schools under CBSE and therefore state board students particularly those in rural areas are at a disadvantage while taking the Neet examination which is based on the CBSE syllabus.
The State Government was therefore justified in ensuring that a balance is stuck between the students studying under the State Board and the CBSE by reserving seats available in the state quota for students who have studied in the State Board. If the state government does not take this decision then the entire seats available in the state quota will be filled up by the students studying in schools under the CBSE and further the students studying in schools under the CBSE Board are only 10% of the total number of students in the State.
This policy cannot be said to be violative of Article 14 of the Constitution and the High Court had completely overlooked this principle and has interfered in the policy decision of the Government for allocating the 85% of the seats to the students who have studied in Tamil Nadu State Board and 15% of the seats to the students who have studied in CBSE schools. The SLP sought quashing of the High Court order and to allow admissions to be held on the basis of the quota.
