Section 77: Discrimination – admission to schools—The father of a Hindu girl had

77. Discrimination – admission to schools—The father of a Hindu girl had successfully challenged before the Supreme Court the constitutionality of the allocation by Roman Catholic colleges of their places in such a manner as to achieve a 50 per cent intake of Roman Catholic pupils overall. Appellants appealed to the Judicial Committee. HELD Where apparently discriminatory treatment is shown, it is for the alleged discriminator to justify it as having a legitimate aim and as having a reasonable relationship of proportionality between the means employed and the aim sought to be realized. There was no justification of the admissions policy which was apparently discriminatory on grounds of creed. The appellants’ policy would not have been in breach of section 16 (2) of the Constitution if the Catholic colleges had remained entirely self-financing. Bishop of Roman Catholic Diocese of Port Louis v Tengur (2004).