Policy Matters - Litigating Hand

Sri Kari Thimmarayaswamy Education Society vs. State of Karnataka [MANU/KA/0364/1990]: Supreme Court of India

It is not necessary that the Government should demonstrate the basis for enhancement of the educational qualification

16. We are not concerned with a similar situation in the instant cases. What we are concerned with is the legality of the enhancement of the educational qualification from S.S.L.C. to P.U.C. for admission of the students to C.P.Ed. course. I must observe that no statistical data is required for the purpose of enhancement of the educational qualification in these cases. It is best left to the wisdom of the executive in laying down its educational policy in this regard. Regulatory measures for the purpose of admission of students to C.P.Ed. course are clearly governed by policy considerations in consonance with the National Policy on Education, 1988. It is not necessary that the Government should demonstrate the basis for enhancement of the educational qualification and prove its credentials by supporting the enhancement on a statistical basis to disprove arbitrariness. To apply the data and statistics test to the instant cases, in my opinion, would be less than proper. Such tests are inappropriate in the facts and circumstances of these cases. I do not think the said decision of this Court is of any assistance to the petitioners.