The Hindu : Karnataka News : Court order on State's plea today

Online edition of India's National Newspaper
Thursday, Jul 15, 2004

Karnataka

Karnataka

Court order on State's plea today

By J. Venkatesan

NEW DELHI, JULY 14. The Supreme Court will pass orders on Thursday on an application from the Karnataka Government seeking permission to adopt the procedure of 75:25 for selection of candidates for admission to professional courses in the State for the academic year 2004-2005.

A Bench comprising Justice Ruma Pal and Justice Arun Kumar, after hearing counsel for all the parties related to admissions to professional courses in the State, gave enough indication that it would permit only 50:50 and not 75:25 as sought by the State. The Bench said it would pass orders tomorrow since some more points had to be addressed by the counsel for the parties.

Senior counsel Harish Salve, appearing for the Consortium of Medical, Engineering and Dental Colleges of Karnataka submitted that the Karnataka Government fixed the percentage of 75 for the government quota and 25 for the management quota without giving an opportunity to the managements of unaided professional colleges to present their case. The committee appointed by the Government had upheld the fixation of such a percentage, contrary to the judgment in the Islamic Academy Education case, which had stated that the percentage shall be 50:50.

He said the consortium had conducted its own examination for filling the management quota, but the committee had not permitted the minority colleges to have their own examination.

Appearing for Islamic Academy, senior counsel Fali Nariman said the college should be permitted to follow its own procedure for 2004-2005 as had been permitted by the apex court in the last several years.

Appearing for Karnataka, senior counsel Ravivermakumar submitted that the quota of 75:25 was fixed by the Government after taking into consideration the local needs in accordance with the apex court judgment.

He said none of the colleges or the association had approached the committee for modification of the quota. He said that since counselling had already started, the State should be permitted to fill the seats in the ratio of 75:25 as was done last year. He added he would place before the court the entire facts tomorrow.

In its application, Karnataka stated that the ratio of government seats and managements seats in unaided colleges was fixed at 75:25 with regard to medical, dental and engineering, and 30:70 for ISM and Homoeopathy courses.

The State Government said it had considered enacting legislation or approaching the Union Government to enact Central legislation in keeping with the Supreme Court judgment, which would help to overcome the problems. However, legislation would require time. Since the Common Entrance Test Cell selection process had commenced, it sought permission to retain the status quo for the current academic year and to follow the procedure of admissions adopted in 2003, pending enactment of Central or State legislation.

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