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HC may give verdict on 90:10 formula today

Mayura Janwalkar / DNA
Friday, July 3, 2009 1:21 IST
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Mumbai: The Bombay high court on Thursday indicated it would wind up hearing of the PILs opposing the 90:10 admission formula and start dictating the order on Friday.

Senior counsel KK Singhvi concluded his arguments on behalf of the state government on Thursday.

However, senior counsels Shyam Diwan for the SSC Board and Shrihari Aney for the interveners Bharatiya Vidyarthi Sena and Students' Parents Association are yet to put their submissions before the court. Urging counsels not to take too long to finish their arguments, chief justice Swatanter Kumar said, "It's a question of children's admissions." Once the court decides the matter, junior college admissions will be finalised.

Singhvi told the court that none of the petitioners before the court were institutions running standard XI. He also dismissed the petitioners' argument that all stakeholders were not heard before enforcing the government resolution (GR) of June 18, effecting the 90% reservation for SSC students in junior colleges. "Consulting people before a decision is a very broad aspect. It depends on circumstances. It cannot be a reason to invalidate the GR," Singhvi argued.

Chief Justice Swatanter Kumar, however, said that under the statute, the legislative power to introduce such a reservation lies with the court. The government, the chief justice said, can enforce such a GR after seeking advice from the court.

Singhvi, however, argued that there was no precedent in law where the courts had struck down a government decision for not taking the court's advice. He further stated that the government, in all its rationality and sensibility, had arrived at the reservation formula to strike a balance between two unequals (SSC and non-SSC boards).
Stating that it's possible that some sections of people may be displeased with the decision, Singhvi said, "Two reasonable persons can arrive at two reasonable conclusions based on the same facts without forfeiting their right to be reasonable."

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