“One ventured into law to avoid mathematics”.This was one of the observations made by the Bombay High Court’s Dharmadhikari J while hearing arguments over the Law CET in Maharashtra..Today, former AG Shreehari Aney rebutted a number of claims made by the petitioner, including the contention regarding the syllabus prescribed for this exam. Which is when the judge made the comment..With a chuckle, Aney explained the inclusion of mathematics in the entrance test with a parallel analogy..“When I was a student, economics had nothing to do with maths, now it only has maths and nothing else, this is because statistics has taken over the subject. So we do not know how with time a subject evolves, my assumption (for inclusion of maths) would be that, a student should have a disciplined mind and mathematics renders that.”.Seeking to dismiss the petitioner’s arguement that the state does not have the power under executive action to conduct this exam and that Advocates Act governs this field, Aney said that Sec 7(h)(i) [recognition of universities] has to be read with Sec 49A [powers of the central government to make rules] under the Advocates Act 1961..The petitioner’s lawyer Pradnya Talekar had also argued that instead of the examination being conducted under the Maharashtra Unaided Private Professional Educational Institutions (Regulations of Admission and Fees) Act of 2015, it should have been the Maharashtra Universities Act of 1994. To this Aney said that the 1994 Act is concerned with university exams while the 2015 Act relates to entrance exams for universities..Sachin Deshmukh, appearing for the Bar Council of India categorically opposed the CET stating that it was illegal..Dharmadhikari J took umbrage to this..“If the most meritorious students are getting the oppurtunity to enter the profession and at the same time the exam provides for special categories of the society, we must welcome that. Your stand is unfortunate.”.On the process of selection of students so far, and the lowering of standards in general he said,.“Five year law courses have done what? Enriched law firms and corporates? What is the calibre of the students, they are hardly seen arguing in courts!”.After being cornered on his earlier stand, Deshmukh changed his tone and submitted that his clients are concerned about being left out of the entire process (of examination). To which the bench assured him that such will not be the case in future and the court will include this in the final order..In the post-lunch session Pradnya Talekar made her submissions in rebuttal. She began by saying that her client did not oppose CET in principle but the manner in which it was being conducted was improper. She raised the issue of the students not being given enough time to prepare for the exam (one month)..Talekar said that the state’s decision to conduct the exam through a government resolution was against the law and had it brought in a legislation for the same, it’s powers are limited under Article 162 wherein the power conferred upon the Union overrides the state legislature..“There are no statutory rules in Maharashtra’s case but their are ordinances framed by statutory bodies under the Universities Act which in detail deal with the admission process, selection etc. .So without repealing these by statute the state cannot simply by a GR say that CET will be introduced.”.The state is yet to place the draft rules before the legislature, although Aney assured that the same will be placed in the monsoon session..After hearing the matter for almost ninety minutes in the post-lunch session, the bench reserved orders. The matter will now be listed for passing orders tomorrow. The court’s final decision will affect more than 30,000 students who are aiming for the 26,340 seats available in 124 colleges across the state..Comments to this post have been disabled. You can view more information on the CET admission process here.
“One ventured into law to avoid mathematics”.This was one of the observations made by the Bombay High Court’s Dharmadhikari J while hearing arguments over the Law CET in Maharashtra..Today, former AG Shreehari Aney rebutted a number of claims made by the petitioner, including the contention regarding the syllabus prescribed for this exam. Which is when the judge made the comment..With a chuckle, Aney explained the inclusion of mathematics in the entrance test with a parallel analogy..“When I was a student, economics had nothing to do with maths, now it only has maths and nothing else, this is because statistics has taken over the subject. So we do not know how with time a subject evolves, my assumption (for inclusion of maths) would be that, a student should have a disciplined mind and mathematics renders that.”.Seeking to dismiss the petitioner’s arguement that the state does not have the power under executive action to conduct this exam and that Advocates Act governs this field, Aney said that Sec 7(h)(i) [recognition of universities] has to be read with Sec 49A [powers of the central government to make rules] under the Advocates Act 1961..The petitioner’s lawyer Pradnya Talekar had also argued that instead of the examination being conducted under the Maharashtra Unaided Private Professional Educational Institutions (Regulations of Admission and Fees) Act of 2015, it should have been the Maharashtra Universities Act of 1994. To this Aney said that the 1994 Act is concerned with university exams while the 2015 Act relates to entrance exams for universities..Sachin Deshmukh, appearing for the Bar Council of India categorically opposed the CET stating that it was illegal..Dharmadhikari J took umbrage to this..“If the most meritorious students are getting the oppurtunity to enter the profession and at the same time the exam provides for special categories of the society, we must welcome that. Your stand is unfortunate.”.On the process of selection of students so far, and the lowering of standards in general he said,.“Five year law courses have done what? Enriched law firms and corporates? What is the calibre of the students, they are hardly seen arguing in courts!”.After being cornered on his earlier stand, Deshmukh changed his tone and submitted that his clients are concerned about being left out of the entire process (of examination). To which the bench assured him that such will not be the case in future and the court will include this in the final order..In the post-lunch session Pradnya Talekar made her submissions in rebuttal. She began by saying that her client did not oppose CET in principle but the manner in which it was being conducted was improper. She raised the issue of the students not being given enough time to prepare for the exam (one month)..Talekar said that the state’s decision to conduct the exam through a government resolution was against the law and had it brought in a legislation for the same, it’s powers are limited under Article 162 wherein the power conferred upon the Union overrides the state legislature..“There are no statutory rules in Maharashtra’s case but their are ordinances framed by statutory bodies under the Universities Act which in detail deal with the admission process, selection etc. .So without repealing these by statute the state cannot simply by a GR say that CET will be introduced.”.The state is yet to place the draft rules before the legislature, although Aney assured that the same will be placed in the monsoon session..After hearing the matter for almost ninety minutes in the post-lunch session, the bench reserved orders. The matter will now be listed for passing orders tomorrow. The court’s final decision will affect more than 30,000 students who are aiming for the 26,340 seats available in 124 colleges across the state..Comments to this post have been disabled. You can view more information on the CET admission process here.
