TN Govt notification abolishing CET likely to go Thursday, June 23 2005 17:48 Hrs (IST) - World Time -
Chennai:
Reserving orders today (Jun 23, 2005) on a batch of petitions challenging a Tamil Nadu Government order abolishing the Common Entrance Test (CET) and improvement test from the current academic year, the Madras High Court reiterated that it may strike down the part of the order pertaining to CET.
"We can strike down the first part of the notification (pertaining to abolishing the CET) and allow the second part (doing away with improvement test) from the next year," a Division Bench, comprising Chief Justice Markandey Katju and Justice F M Ibrahim Kallifulla, said before the orders were reserved.
The Judges said the orders would be pronounced very soon. Over 200 students, who had sat for the CET earlier this year for admissions to professional colleges in the State, had challenged the June 9 notification doing away with the two tests.
Turning down a suggestion from the State Government that a "scaling down" system could be adopted, the Chief Justice pointed out that the judiciary cannot legislate.
"Let the appropriate authority introduce the scaling down system. It will be very improper for the judiciary to cross its limits," the Judges said.
On another plea by senior Supreme Court lawyer P P Rao that a judicial order would allow departure from a Medical Council of India regulation, the Bench said they could not just do as they pleased, as a lot of problems would be caused if they exceeded their limit.