Friday, Jun 27, 2003
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By J. Venkatesan
This undertaking was given by senior counsel for Tamil Nadu, C.S. Vaidyanathan, before a vacation Bench comprising Justice R.C. Lahoti and Justice Brijesh Kumar during the hearing of three writ petitions. The counsel said though the counselling commenced today, it was only for Government colleges. The petitioners — CMC Meenakshi Ammal Trust and Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational and Charitable Trust — have challenged the State Government's order asking them to reserve 40 per cent of the seats for admission through SWS and 60 per cent by the colleges themselves. The Bench after hearing counsel for the petitioners, Abhishek Singhvi, S. Nandakumar and Mohan Parasaran, recorded the State Government's undertaking and asked it to file its counter by June 30 and posted the matter for further hearing on July 3. In its petition, the CMC contended that after the apex court pronounced its judgment on the admission procedure for minority educational institutions, the State Government passed on order on May 14 directing it to admit 40 per cent of the students on the basis of a common entrance test and the remaining 60 per cent by the management. The G.O. further said that even in the remaining 60 per cent the college should follow the rules of reservation, which meant that only 11 out of the total 60 seats could be filled by the management making a mockery of the constitutional rights guaranteed to the petitioner. The petition filed by Meenakshi Ammal Trust, Chennai, running (Telugu minority) dental, medical and paramedical colleges and associated institutions also challenged the G.O. stipulating that it should fill 40 per cent of seats through the single window system. The petitioners contended that the Government had no right to compel the colleges as it would constitute gross interference with the rights of the institution as a private, unaided, minority, non-capitation fee colleges. They sought a direction to quash the G.O. dated May 14 and the consequent letters dated May 24.
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