BANGALORE: The Union Government has formulated draft legislation governing the admission, reservation and fee structure in private professional colleges. Tentatively called the Private Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Bill of 2005, the draft has been sent to educational institutions.

The draft is being circulated at a time when there is an uproar over the Supreme Court verdict in the P.A. Inamdar case restricting the role of the State in the admission of students and fee structure of private educational institutions. The judgment had galvanised the States, including Karnataka, into demanding Central legislation in the matter.

The draft states that the Union Government has come up with the document after the Supreme Court judgment in the Islamia Academy of Education versus Karnataka case. Signed by the Joint Secretary, Human Resources Development, Ravi Mathur, the covering letter to the institutions says it has not been legally vetted and that it would be finalised after receiving suggestions, comments and views from all the stakeholders, including the institutions.

The draft says if and when the Bill becomes an Act it will be applicable to all the States except Jammu and Kashmir. It will apply to universities and private aided or unaided institutions affiliated to universities.

The draft has come up with elaborate proposals on establishing an admission and fee regulatory committee and rules, for the first time, on foreign candidates and foreign education providers.

The draft stipulates that the admission and fee regulatory committee will be presided over by a person who has been a vice-chancellor of a State or Central university and will include two members with experience in finance or administration. The committee will have a three-year term and no person associated with a private aided or unaided institution can be a member.

The committee will have the power to determine the fees of private institutions and if any institution violates provisions, it can recommend withdrawal of recognition. It will ensure that admission under the management category is done in a fair and transparent manner.

Admission and fee

The eligibility for admission to a private aided or unaided professional educational institution shall be notified by an appropriate authority. It says aided minority institutions can reserve for themselves 50 per cent of the sanctioned intake under the management category. In an aided institution, other than a minority institution, the managements may reserve 15 per cent of the total seats.

Fifteen per cent of the seats from the general category in private colleges will be filled on all-India merit basis.

While seats under the general category will be filled on the basis of a qualifying examination, seats under management quota will be filled on the basis of a common entrance test conducted by a recognised association of private colleges.

The private institutions will have to reserve seats as specified by an appropriate authority.

The fees will be determined by the location of the institution, nature of course, cost of land and building, infrastructure and expenditure on maintenance and administration.

The draft proposes the constitution of an Appellate Authority by the Union Government comprising a Supreme Court judge. The authority will be empowered to hear appeals by institutions aggrieved by the order of the committee.

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