Date:09/04/2004 URL: http://www.thehindu.com/2004/04/09/stories/2004040904251400.htm

National

Plea rejected for postponement of entrance exam

By Our Legal Correspondent

NEW DELHI, APRIL 8. The Supreme Court today dismissed petitions filed by the Kerala Catholic Council and others seeking rescheduling of the All-India Pre-Medical/Dental Entrance Examination scheduled to be held on Easter Day, April 11. The Kerala Catholic Youth Movement and two candidates for the examination, Arya Jaison Panikulangara and Shevonne Tressa Joy, are the other petitioners.

A three-judge Bench, comprising Justice S. Rajendra Babu, Justice A.R. Lakshmanan and Justice G.P. Mathur, dismissed the petitions observing: "In such matters courts should not interfere."

When counsel for the petitioners, Colin Gonsalves said: "Will they hold the examination on Deepavali or any other festival," the Bench said "even if the test is held on Deepavali or on any other festival, we will not interfere."

The petitioners said the CBSE had submitted a scheme to the Supreme Court without disclosing that the scheduled day for the examination was Easter Sunday, the most sacred day for Christians as it marked the resurrection of Christ. The decision to conduct the test on that day would hurt the religious freedom of Christians and send a wrong message that their freedom was being violated at the instance of the State.

It would "tarnish the secular credentials of our great nation" and "violate the fundamental right to freedom of conscience and free profession, practice and propagation of religion guaranteed under Article 25 of the Constitution,'' the petitioners said. The Human Resource Development Minister, Murli Manohar Joshi, and the Minister of State for Law, P.C. Thomas, had issued statements that the examination would be rescheduled. However, this had not happened and their "assurances" caused delay in approaching the Supreme Court, they said seeking a direction not to conduct the examination on Easter Day.