The Hindu : SC notice to States on admission to unaided colleges

Online edition of India's National Newspaper
Friday, Jul 11, 2003

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SC notice to States on admission to unaided colleges

By J. Venkatesan

NEW DELHI July 10. A five-judge Constitution Bench of the Supreme Court will hear on July 22 a batch of petitions relating to the right of unaided minority and non-minority institutions to admit students in medicinal and engineering courses.

A Bench, comprising the Chief Justice, Justice V.N. Khare, and Justice S.B. Sinha, while issuing notice to all the States in this regard, said the questions arising out of the T.M.A. Pai judgment would be heard by a Constitution Bench on July 22.

Passing the order while hearing applications from the Karnataka and Kerala Governments, it asked the States to file their response by July 21.

The Constitution Bench would examine two questions — to what extent the States can regulate admissions to private unaided colleges and to what extent the State can regulate capitation fee charged by such institutions.

The assistance of the Attorney-General, Soli Sorabjee, has also been sought.

Counsel for the private unaided colleges contended that the T.M.A. Pai judgment had given them the freedom and independence to evolve their own admission procedures and the State could not interfere.

But counsel for the State Governments argued that the judgment had given powers to regulate admissions to ensure excellence in standards and to prevent capitation fee charged by the institutions.

The Bench also issued notice to Karnataka on a special leave petition filed by the Consortium of Private Medical, Engineering and Dental Colleges in the State challenging the High Court judgment upholding an order that 75 per cent of the seats be filled by the Government and 25 per cent by the managements.

The special leave petitions filed by the Kerala Government (in which notice had already been issued) challenging the High Court order quashing the 50 per cent reservation of seats in private medical colleges has also been referred to the Constitution Bench.

The Bench, however, issued notice on another special leave petition from the Kerala Government challenging a High Court order staying a vigilance enquiry into a private medical college.

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