THIRUVANANTHAPURAM: The Kerala Cabinet on Wednesday decided to approach the Centre for inclusion of the Kerala Professional Colleges or Institutions Act in the Ninth Schedule of the Constitution, even as private managements moved the Supreme Court challenging several provisions of the Act.

Chief Minister V.S. Achuthanandan, who is going to New Delhi on Thursday, is expected to take up the matter personally with the Centre.

The law needs protection of the Ninth Schedule, as some of the provisions relating to the fixing of minority status of institutions and reservation may be open to legal challenge. The matter has acquired urgency as online counselling for admission to professional courses gets underway on July 10.

The Government brought the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act to regulate self-financing professional colleges, which had multiplied in the last few years, in the State.

The measure, according to Education Minister M.A. Baby, was intended to ensure social justice and standard in the higher education sector. It provided for merit and merit-cum-means-based admissions for 85 per cent of the seats through the Commissioner of Entrance Examinations.

The Act reserves 50 per cent of the seats in non-minority unaided professional colleges for socially, educationally and economically backward sections of society and the physically handicapped. Besides, two per cent of the seats are reserved for students showing merit in cultural and sports field.

While 28 per cent of the seats are to be filled purely on merit, 30 per cent of the seats will be under the control of the managements. In the case of minority institutions, the Act specifies that they should admit students belonging to their community to not less than 50 per cent of the seats.

Surrender of 18 per cent of the seats for merit and merit-cum-means-based admissions by the Commissioner is optional. Similar is the provision regarding the culture and sports quota.

Minority status

As many managements are seeking minority status to benefit from the provisions, the Government incorporated the provisions at the last minute for granting minority status. Accordingly, minority status will be determined by comparing the population profile of the minority with the number of institutions belonging to the community and minority students undergoing professional courses in the State.

Christians and Muslims fear that many of their institutions will not get minority status under the provisions. Hence, they propose to challenge the provisions before the courts on the ground that they are violative of the Constitution. A total reservation of 52 per cent will contravene a Supreme Court order that set a maximum limit of 50 per cent for reservation.

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