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Kerala files plea against interim order on self-financing Act

Staff Reporter

Says Single Judge's order will upset allotment process

Kochi: The Kerala Government on Wednesday filed an appeal before a Division Bench of the Kerala High Court against the Single Judge's interim order allowing the managements of self-financing professional colleges to go ahead with their selection process for admitting students to 50 per cent management quota for the year 2006-07.

The appeal was filed jointly by the State Government, the Fee Regulatory Committee and the Commissioner for Entrance Examinations (CEE). The appeal pointed out that as per the schedule fixed by the CEE for allotment of seats in the college, "the option registration" facility, which began on July 10, would come to an end on July 19.

So, any interference in the selection made for 2006-07 would upset the whole allotment process. If the Single Judge's order was implemented, the counselling conducted so far would have to be redone and allotments had to be rescheduled, resulting in delay in admission to professional colleges. It would affect the student community. The appeal said that when a law was enacted by the State Legislature for regulating admission to self-financing colleges, the same should be given effect to.

`Incorrect'

The appeal said that in view of the fact that the challenge against the Kerala Professional Colleges (Prohibition of Capitation Fee, Regulation of Admission, Fixation of non-exploitative fee and other measures to Ensure Quality and Excellence in Professional Education) Act, 2006 had not been prima facie found to be incorrect and that the Single Judge did not find any ground to stay the operation of the provisions of the Act and the counselling, the proceedings initiated by the Government to implement the Act should be allowed to continue for the academic year 2006-07. In fact, the directive given by the Single Judge for admitting students on the basis of the provisions in the repealed 2004 law was impermissible.

The Government also pointed out that in the cases of admission to educational institutions, the Supreme Court had discouraged the practice of granting interim orders.

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