The Hindu : SC orders status quo in Maharashtra admissions case

Online edition of India's National Newspaper
Tuesday, Sep 16, 2003

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SC orders status quo in Maharashtra admissions case

By J. Venkatesan

New Delhi Sept. 15. The Supreme Court today ordered status quo in the admissions to unaided private medical, dental and engineering colleges in Maharashtra under the management quota on a higher fee.

A Bench, comprising Justice S. Rajendra Babu and Justice G.P. Mathur, ordered notice returnable in two weeks on special leave petitions filed by the Association of Management of Unaided Private Medical, Dental and Engineering Colleges challenging the Bombay High Court judgment upholding the State Government's orders to set up a regulatory body for certification of the fee structure and laying down the medical education policy in regard to post-graduate and special courses. The High Court had on August 23 dismissed the petitions filed by the petitioners challenging the two Government orders, holding that there could not be a 15 per cent quota for management at a higher fee.

The petitioners contended that the impugned judgment had virtually set at naught the admissions process, which had been completed or partially completed by various institutions. They submitted that the High Court had taken away the right of the institutions to their autonomy and the right guaranteed by the Supreme Court in its judgement in the T. M. A. Pai case pertaining to minority and private unaided colleges.

The High Court had ruled that admissions to medical courses would be only through the State-conducted MH-CET while those for engineering would be through a centralised admission process based on merit list.

They said under the judgment the State had been given its right to exercise reservation quota in the unaided minority colleges. The court also ruled that there would be a uniform fee structure for the management quota, which would be decided by the respective colleges subject to the approval by the High Court-appointed committee. They argued that at least for this year the High Court ought to have permitted the 15 per cent management quota and sought a direction to set aside the impugned judgment and an interim stay of its operation.

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