Kochi: The law relating to regulation of admission and prohibition of capitation fee in self-financing professional colleges or institutions was enacted in the interest of public, especially the student community, and for ensuring that admission to private unaided professional colleges was conducted in a fair, transparent and non-exploitative manner, according to the Government.

The statement was filed in the High Court in response to writ petitions challenging the Kerala Professional Colleges (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act.

The statement said that it was in conformity with the constitutional provisions and the dictum of the Supreme Court in P.A. Inamdar case. The allegation that there was "nationalisation of seats" by the present Act was not correct. There was no classification as management seats or Government seats.

The Act did not provide for a seat-sharing arrangement between the Government and the management. The admission to the various courses was made only through a common entrance test conducted by the State Government. The Government said that the State could provide a procedure of holding a common entrance test in the interest of securing fair and merit-based admission and preventing maladministration.

The Government pointed out that the contention of the petitioners that there was no evidence to prove maladministration on the part of the petitioners was false.

Chairman of the committee for overseeing the conduct of examinations K.T. Thomas had pointed out that the management of self-financing, medical, dental, ayurveda and siddha colleges had violated the guidelines issued by the Supreme Court by conducting rigged and farce entrance test.

The State Government also stated that the mandatory reservation under the Act for Scheduled Castes and Scheduled Tribes and Other Backward Classes had been stipulated only in non-minority unaided professional colleges.

As for the fee structure, the Inamdar judgment had permitted the establishment of a fee regulatory committee and the right of the State Government was reserved to ensure that there was no profiteering or capitation fee.

The statement said that in the Inamdar case, the Supreme Court had permitted cross-subsidy from the students admitted under the NRI quota. Besides, the provisions set out in the Act for according minority status to educational institutions were in conformity with the Constitution and various Supreme Court judgments.

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