NEW DELHI: The Supreme Court will hear on Friday a petition challenging the legislation enacted by the Kerala Assembly last week fixing quotas in unaided (self-financing) minority and non-minority educational institutions from this academic year (2006-07). The Court will also hear another petition challenging the validity of two orders issued by the Andhra Pradesh Government regulating admissions in unaided educational institutions and fixing quotas.

The petitions relating to Kerala and Andhra Pradesh were mentioned by senior counsel Mukul Rohtagi and T. M. Mohammed Youseff respectively before a Bench of Chief Justice Y. K. Sabharwal and Justice C. K. Thakker for early hearing.

Mr. Rohtagi, who appeared for the Kerala Private Medical College Managements Association questioning the Kerala Professional Colleges (Prohibition of Capitation Fees, Regulation of Admissions, Fixation of Non-Exploitative Fees and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006, submitted that the law took away the rights of minorities in the matter of admission.

`Who is a minority'

He said the Kerala Government had virtually nationalised medical education, as, under the new law, it had the power to decide "who is a minority." He said the State Government had been given powers to decide the fee structure and conduct only one Common Entrance Test (CET). He said that "if States are allowed to pass a law like this, it will have far-reaching consequences and will violate the basic structure of the Constitution."

In its petition, the association contended that the new law was a blatant attempt by the State to usurp legislative competence in respect of running unaided colleges and against the judgments of the Supreme Court in the Unnikrishnan, T.M.A. Pai and Inamdar cases. Further, imposition of the CET held by the State and enforcement of the reservation policy on available seats in unaided professional institutions would amount to serious encroachment into the autonomy of minority and non-minority education institutions.

It said the Act also empowered the State to constitute a fee committee for determining and approving the fee structure followed by the colleges. The association sought quashing of the impugned law and an interim stay on its operation.

The other petition, by Dar-Us-Salam Educational Trust, Hyderabad, through its trustee Akbaruddin Owaisi, said the Andhra Pradesh Government issued two orders on May 10 and May 26 regulating admissions to undergraduate courses in engineering, pharmacy, MBA and MCA.

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