In the appeal filed by Sanjay Khorgade, the MSBSHSE states that the HC was not justified in scrapping the amendment to the regulations introducing the best-five rule in February.
Concerned about the fate of more than 16 lakh Secondary School Certificate (SSC) students after the Bombay high court (HC) quashed the state’s best-five policy for junior college admissions, the Maharashtra State Board of Secondary & Higher Secondary Education (MSBSHSE) on Monday moved the Supreme Court against the verdict.
In the appeal filed by Sanjay Khorgade, the MSBSHSE states that the HC was not justified in scrapping the amendment to the regulations introducing the best-five rule in February. The court quashed the subordinate regulation after 21 parents of Indian Certificate of Secondary Education (ICSE) students filed a petition against the rule in June.
As per the best-five policy, an SSC student’s top five scores in six subjects are considered while calculating her percentage. She, however, must pass in all subjects. ICSE students had alleged that the policy was discriminatory since it “artificially spiked” the percentages of SSC students.
The state board says it is a subordinate regulation and the court cannot upset it.
The petition, likely to be argued by senior counsel Mukul Rohtagi, says the apex court has held that the HC cannot sit in judgment over the wisdom of the policy evolved by the legislature and the subordinate regulation-making body.
It may be a wise policy, which will effectuate the purpose of the enactment, or it may be lacking in effectiveness and hence, calling for revision and improvement, the petition said.
Balasaheb Thorat, state education minister, said the government has hired Soli Sorabjee, a senior counsel, to represent the government. They are also looking to get senior advocate Harish Salve on board.
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