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| Tuesday, April 01, 2008
Supreme Court declines to give interim direction on CET
- Bench issues notice to State government
- The matter will be heard in April
New Delhi: The Supreme Court on Monday declined to give an interim
direction at this stage to the Tamil Nadu government for conducting
a Common Entrance Test (CET) for admissions to professional
courses for academic year 2008-2009.
A Bench of Chief Justice K.G. Balakrishnan and Justice Aftab
Alam, without staying the operation of the Madras High Court
judgment upholding the abolition of CET, issued notice to the
State government.
When senior counsel Arun Jaitley and counsel P.R. Kovilan, appearing
for petitioner Minor P. Mugila Devi and two others, sought early
hearing, the Bench said the matter would be heard in April.
“No power”
Mr. Jaitley argued that the State had no power to enact the
law abolishing the CET as only the Centre could bring such a
law. In all States except Tamil Nadu, the admission was on the
basis of CET.
The CJI asked counsel: “When the State does not want CET,
can we thrust it?”.
Justice Alam asked counsel that when the legislation had received
the President’s assent, what interim arrangement could
be made.
Mr. Jaitley wanted the court to give an interim direction to
conduct the CET this year through a State agency with adequate
provision for reservation.
Senior counsel T.R. Andhyarujina, assisted by State Advocate-General
N. Kannadasan, submitted that the law was enacted after consulting
the Medical and Dental Councils of India, the AICTE and the
Union Human Resource Development Ministry. Any interim order
at this stage would cause confusion among students.
Tamil Nadu Admission in Professional Educational Institutions
Act 2006 envisages admission to all professional courses such
as medicine and engineering for 2007-08 on the basis of marks
obtained by students in the higher secondary examination. On
April 27, 2007 the High Court dismissed a batch of petitions
challenging this law. The present special leave petition is
directed against this judgment.
It said the Supreme Court had conclusively decided that to determine
uniform standards in education admission through the CET was
the best method, which had been approved by the Medical Council
of India and the All India Council for Technical Education.
It sought quashing of the impugned judgment and an interim stay
of its operation.
Courtesy: The Hindu
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