The Hindu : National : `Governments alone can fix quotas for admission'

Online edition of India's National Newspaper
Friday, Mar 11, 2005

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National

`Governments alone can fix quotas for admission'

By J. Venkatesan

NEW DELHI, MARCH 10. Only the Central or State Governments, or any authorised agency, can fix a quota for admission in medical, engineering and other professional colleges. The issue of fixing quotas cannot also be left to the institution concerned.

The Solicitor-General of India, G.E. Vahanavati, appearing for the Centre, made this submission before a seven-Judge Bench hearing a batch of petitions and applications filed by the All-India Medical and Engineering Colleges' Association (AIMECA) and several other institutions from Kerala, Karnataka, Madhya Pradesh, Tamil Nadu, Andhra Pradesh and Maharashtra on their right to admit students of their choice.

No uniform percentage

Referring to the contention of the petitioners that no quota could be fixed by the Government since they were all private unaided institutions, Mr. Vahanavati said the fixation of quotas could only be done on a case-to-case basis and that there could not be any uniform percentage.

Mr. Vahanavati said the percentage would depend on a variety of factors such as the nature of the institution concerned.

It was argued on behalf of the AIMECA that holding an All-India Common Entrance Test (AICET) for filling seats under the management quota would enable students to get admission from institutions in one region to those in another and would further reduce their burden of having to write several State-level entrance tests.

The Solicitor-General argued that multiple and different entrance tests conducted by different agencies could prove to be difficult for the individual student.

Appearing for Tamil Nadu, senior counsel P.P. Rao submitted that in relation to professional education, the State was bound to ensure that admissions to colleges were made purely on relative merit objectively assessed by a responsible agency. He said regulations could be made by the State for achieving uniform academic standards. Regarding the common entrance test (CET) for admission, Mr. Rao said some of the petitioners had contended that they would like to have students from all over India on the basis of merit judged by a CET while others had complained that they were unable to fill all the seats through CETs. He said selection of students for admission even in minority institutions had to be made on the basis of merit through CET.

Opposing absolute autonomy in admission to minority and non-minority unaided institutions, Mr. Rao said Article 19 (6) of the Constitution permitted the imposition of reasonable restrictions. Further arguments will continue on March 15.

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