The Supreme Court on Monday refused to intervene in a petition alleging that the Pinarayi Vijayan-led LDF government in Kerala, by insisting on 100% nativity as a pre-condition for medical admissions, is interfering in the fundamental rights of minority-run, private and unaided professional institutions to manage their own affairs and reach out to students from the central counselling list.
A Vacation Bench of Justices L. Nageswara Rao and Mohan M. Shantanagoudar refused to stay the nativity criterion introduced by the Kerala government for admission to medical courses.
The hearing came on a petition filed by K.M. Navas, executive trustee of Kozhikode-based KMCT Medical College, represented by senior advocate Jayant Bhushan.
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Mr. Bhushan argued that the State cannot compel reservations in the name of SC/ST or nativity in private, unaided, minority professional institutions.
“I have an authority to say how I want to run my institution. How can they (State) impose 100% nativity... I should be permitted to take students from all over India,” Mr. Bhushan argued for KMCT.
Though the Bench agreed that the issue was a good one, it refused to intervene, instead giving the college liberty to approach the State High Court.
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“We cannot permit it... you (college) cannot access central counselling. The norm is that seats outside the Central quota go to the State quota. For State quota seats, State conducts the counselling. But you want to do counselling straight from the Central counselling list... That will amount to violence on the scheme,” Justice Rao observed orally.
Medical Council of India regulations mandate that 15% seats in undergraduate courses and 50% in postgraduate courses in State colleges should be filled from the all-India quota.
KMCT argued that the nativity criterion crippled the reach of private unaided minority institutions, who enjoy the status of a minority institution under Article 30 (1), to admit students from other States.
The petition said the nativity criterion results in filling of seats only through State counselling in violation of the institution's rights of equal treatment and opportunity.