J. Venkatesan

They have urged the Supreme Court to allow it to conduct a test on January 29

New Delhi: The notification issued by the Karnataka Government seeking to take over the entire process of admissions to postgraduate medical, dental and diploma courses in unaided self-financing colleges in the State was on Tuesday challenged in the Supreme Court.

The writ petition filed by the Karnataka Private Medical Colleges' Association and five others is to be mentioned on Wednesday for early listing and hearing of the matter, considering the important issues involved.

The petitioners submitted that the apex court, in its August 12 judgment in the Inamdar case, had held that unaided institutions could claim an unfettered right to choose the admission procedure subject to its being fair, transparent and non-exploitative. In the past, the association had been conducting a common entrance test for admission to postgraduate courses under the management quota. This year, despite the August 12 judgment, the committee overseeing the conduct of the CET (Common Entrance Test) refused permission to the association to conduct the CET.

The Government issued a notification on December 21, 2005 stating that for admission to postgraduate medical and dental degree and diploma courses in private medical, dental colleges and deemed universities, it will hold a CET, and admissions will be done through centralised counselling.

Assailing the notification, the petitioners said the Government has no powers to interfere with the admission process adopted by unaided colleges and act contrary to the ruling given by the apex court in the Inamdar case. They said the State has misread the judgment by taking over the admission process, which is not permissible under law.

The association has announced that it will hold an admission test on January 29, and over 4,000 applications have been received. The notification issued by the State on the basis of the committee's recommendation is illegal, the petitioners said. They sought a direction to permit them to hold the test as scheduled.