The Hindu : National : Abolition of quota in unaided private colleges justified

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Wednesday, Aug 17, 2005

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National

Abolition of quota in unaided private colleges justified

J. Venkatesan

Supreme Court reiterates ruling in T.M.A. Pai Foundation case

State regulation should be minimal and only to maintain fairness and transparency in admission procedure

NEW DELHI: The Supreme Court has justified the abolition of quota and reservation of seats in unaided private colleges stating that institutions which did not receive aid from the State, could not be compelled to implement the reservation policy.

In its judgment on August 12, a seven-judge Bench, headed by Chief Justice R.C. Lahoti reiterated the ruling of a 11-judge Bench of the apex court in October 2002 in the T.M.A. Pai Foundation case that unaided colleges, whether run by minorities or non-minorities should have unfettered rights.

The Court did not approve of the interpretation in the Islamic Academy case to the extent that it allowed the States to fix a quota for seat sharing between management and the state government on the basis of "local needs" of each state. The court noted that in the Pai Foundation case, it had been held that unaided professional institutions should be given greater autonomy in admission procedure and fee structure. It said that State regulation should be minimal and only to maintain fairness and transparency in admission procedure and to check exploitation of the students by charging exorbitant fees or capitation fees.

The seven-judge Bench said that that in the Pai Foundation case, the apex court had not found any justification for imposing seat-sharing quota by the State on unaided private colleges and reservation policy of the State or State quota seats or management seats. It was only observed that private unaided institutions could have consensual arrangements with the state. This could not be construed as empowering the states to fix the quotas and enforce reservation.

"We find great force in the submission made on behalf of the petitioners that the states have no power to insist on seat sharing in the unaided private professional educational institutions by fixing a quota of seats between the management and the State," the Court said. The judges said that compelling the colleges to give a share of the seats to the candidates chosen by the state would amount to nationalisation of seats, which had been disapproved in the Pai case.

The Court agreed with the submissions of the petitioners that reasonable restrictions envisaged under Article 19 (6) of the Constitution could not apply to educational activities.

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