In 1995, the parents of an Indian pupil brought a case against University of Natal because her application to medical school was rejected despite the satisfactory results she obtained in her qualifying examinations. They claimed that the admission process was discriminatory because it did not consider all the applications equally, but set higher admission standards for Indian students and lower ones for African students. The parents argued that this is as a violation of ‘equal access to educational institution’ provision of the constitution as well as sections 8(1) and 8 (2) in regard to ‘setting a discriminatory practice’. The Court agreed that while Indian community had been decidedly disadvantaged by the apartheid system, African pupils were even more so. Accordingly, the Court held that a selection system which compensated for this discrepancy does not violate the provisions of sections 8(1) and 8(2) of the Constitution.
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Right to Education Initiative