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Last year's quota, fee structure to stay in Kerala

Staff Reporter

Admit students to 50 per cent management seats, says HC

Kochi: The Kerala High Court on Tuesday allowed the managements of self-financing professional colleges to go ahead with their selection process for admitting students to 50 per cent management seats and collect the fees fixed by the K.T. Thomas Committee.

The court, however, declined to stay the operation of the provisions of 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, or the counselling process for admission to various professional colleges.

In an interim order, Justice S. Siri Jagan opined that "justice and balance of convenience dictate that for the academic year 2006-07, notwithstanding the fact that the impugned Act (new Act) came into force subsequent to the interim order dated May 29, 2006 of the Supreme Court India, the said interim order shall govern the fee chargeable and the quota of seats".

The Supreme Court issued the interim order when writ petitions challenging the 2004 Act — the Kerala Professional Colleges (Prohibition of Capitation Fee and Procedure for Admission and Fixation of Fee) Act — came up before it.

According to that order, the managements and the Government were allotted seats in the ratio of 50:50. The apex court had also ordered that the managements could follow a uniform fee structure for both Government and management quota seats.

The Supreme Court again on May 29, 2006, directed that for the academic year 2006-07, the fee to be charged and the quota of seats would be the same as in the 2005-06.

The High Court was of the view that since the cases had not been heard and disposed of even this year, "it became necessary to pass some order again for the subsequent year which happened to be 2006-07, which is the year to which the 2006 Act is sought to be made applicable."

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