Constitution of India

[Type the document subtitle]

Hardik J Shah

117

MBA(Tech)-IT 4th Year

 Constitution of India

After a long legal battle in the Bombay High court & Supreme court over the controversial
Best 5 policy, Supreme court has finally ordered to extend the benefit of choosing best 5
subjects to ICSE students also.

The final percentage for SSC students will be based on the best five of six subjects they
appeared for. In case of ICSE students the final percentage will be calculated based on best
five of six subjects they appeared in subjects groups I & II .A seventh subject in group III
won’t be counted. The ICSE student has got another option of calculating the final percentage
based on all the seven subjects.

The subjects in the various groups are as follows:

Group I: English, Second Language, History, Geography, Environmental Studies.

Group II: Maths, Science, Commercial Studies, Agricultural Studies.

Group III: Computer Application, Economics, PT, Technical Drawing.

SSC students are free to select best five of six subjects, whereas ICSE students can select
best five of six subjects from seven subjects .Now implementing best five policy
unconditionally for SSC students & implementing conditionally for ICSE students does not
give equal opportunity to the ICSE students over SSC students.

Fundamental Rights guarantees civil liberties such that all Indians can lead their lives in
peace and harmony as citizens of India, irrespective of race, place of birth, religion, caste,
creed, colour or sex.Right to equality is one of the basic fundamental human rights afforded
by the constitution of one of the largest democratic country India. The constitution of our
country has adopted the principles of equality of status and opportunity in its very Preamble
and further gave a practical effect in Article 14 to 18.

Article 14 of Constitution of India Provides:

“The State shall not deny to any person equality before law or equal protection of the
laws within the territory of India.”

The expression ‘equality before law’ is a negative concept and it implies the absence of any
special privilege in favours of any individual, whatever be his rank or status, and the equal
subjection of all classes to the ordinary law.

 It is not the student’s fault that ICSE has seven subjects & SSC has only six. ICSE students
give equal importance, weightage & study hard for all the seven subjects. So they should
have the opportunity of selecting five subjects from seven.SSC benefactor argue that group
III has easy scoring subjects & is best left out.
 Constitution of India

SSC backers claimed that Best Five policy would allow SSC student to compete on a level
playing field with ICSE & CBSE.But High court struck down the policy saying it violated
right to non discrimination guaranteed under Article 14 of constitution. Had the state agreed
earlier for extending the best five benefit to ICSE students then there would not be such a loss
of resources, money & time.

Senior advocate Rafiq Dada, counsel for the petitioners said that the percentile system
adopted by the SSC was to give the SSC students advantage over the other boards. He also
claimed that with the introduction of Best Five, SSC students percentage score is increasing
by 4-5 percent. While in the whole of Maharashtra there were merely 8,289 ICSE students
who passed the Standard X examinations, the best-five system had helped around 13,500
SSC students (out of 16 lakh students) to score over 90% marks. “The admissions to first year
junior college for ICSE students would be jeopardised,’’ claimed one of the counsel.

Refuting the allegations, Maharashtra advocate general told the court that only regulations
concerning the pattern of SSC mark sheet have been changed to reflect the score of best five
subjects. He also argued that if a student is weak in one subject, his/her overall SSC
percentage score should not be impacted. The advocate also alleged ICSE board for not
taking appropriate steps in spite of knowing that the state is going to implement the best five
system

I feel that the Best five policy for SSC students was a clear disadvantage to the ICSE students
as many less meritorious students were scoring more marks than what they actually deserved.
Many ICSE student’s parents feel that the case could have been sorted out in the state
itself ,without going to the Supreme court.SSC board is feeling that ICSE board is quiet
lenient in checking of papers due to which many ICSE students are scoring above 90% very
easily. As a result ICSE students are able to secure First Year Junior College(FYJC)
admission in reputed institutions with ease over SSC students .To reduce the disparity and try
to bring SSC students at par with ICSE students in terms of percentage , state last year tried
to introduce 90:10 rule. According to this rule any junior college has to compulsorily admit
90% SSC students & only 10 % ICSE students .The ICSE student’s parent dragged the state
to the court & decision was given in favour of ICSE students by scrapping 90:10 ratio. Even
last year got delayed due to 90:10 ratio.

This was a move to discourage students from joining ICSE schools, instead go in for SSC
board. I am totally against this rule as it would clearly give SSC students, an edge over ICSE
students in securing FYJC admission. This rule completely violates Article 14 of constitution
which guarantees equality to all of its citizens.

Education Department has been trying stunts like:

1.70:30 controversies & percentile system (2007-2008)

2.90:10 ratio (2008-2009)

3. Best Five Policy (2009-2010)

 Constitution of India

which is creating uncertainty in the minds of students.

A vast First year junior college (FYJC) portion has to be completed in less than stipulated
time period forcing students & teachers to sacrifice holidays .Students have to unnecessarily
attend extra college hours to complete the course.

All the boards should be treated on par & with equality. None of the board should get any
extra favour. I also feel that if the best five rule is implemented it will push merit to the back
seat. Even though the purpose is to help students who are otherwise bright but weak in one
subject ,but the formula is definitely creating disparities. I feel its like introducing reservation
from backdoor for SSC students.

Now 1 more point which I want to raise is that all this controversies should have been sorted
out before the results of SSC was out. The admission process of 2.5 lakh students is getting
procrastinated. Instead of performing such stunts like Best Five policy,90:10 ratio state
should try to find out the actual cause for such differences between ICSE & SSC students
marks & accordingly take necessary steps in changing the teaching pattern or paper checking
style.