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No forum authorised to hold all-India entrance test, says Supreme Court

Legal Correspondent

Students cautioned, Centre asked to give wide publicity to order


  • Clarification comes on Centre's submission
  • Order passed on contempt plea

    New Delhi: The Supreme Court on Friday clarified that it "has not authorised any person or association or body of individuals to conduct an all-India entrance examination for admission to professional colleges."

    A Bench consisting of Justices K. G. Balakrishnan and P. P. Naolekar said, "any student paying any amount or participating in any such test shall be doing so at his/her own risk."

    Passing interim orders on a contempt petition filed by Ishari K. Ganesh, chairman, Vel's College of Pharmacy, Chennai, it directed the respondent, All-India Medical and Engineering Colleges Association (AIMECA), to file its reply within four weeks.

    Senior counsel Rajeev Dhavan, appearing for the petitioner, said the AIMECA had issued newspaper advertisements claiming that it was conducting a common all-India test pursuant to a Supreme Court order, when no such ruling had been issued. The association had not been recognised by anyone to conduct such a test.

    However, AIMECA counsel P.H. Parekh said the association's petition seeking permission to hold the test was pending before the apex court and listed for hearing even on Friday. A seven-judge Bench, in the Inamdar case judgment, said if an association had members in more than one State it could conduct such a test.

    But the Bench told counsel that it would not be proper for the AIMECA to conduct a test when no order was passed.

    Additional Solicitor General Gopal Subramaniam said neither the Union government nor any of its agencies authorised any association to hold an all- India entrance test.

    In the light of this submission, the Bench issued the clarification and asked the Centre to give wide publicity to this order through Doordarshan and national newspapers. It adjourned further hearing of all applications and petitions to January 2006.

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