The Hindu : Kerala News : Kerala High Court rejects State's plea on self-financing colleges

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Sunday, Jul 30, 2006

Kerala

Kerala

Kerala High Court rejects State's plea on self-financing colleges

Staff Reporter

Allows managements to go ahead with present admission procedure

KOCHI: A Division Bench of the Kerala High Court on Saturday upheld the interim order of Single Judge allowing self-financing college managements in the State to go ahead with their selection procedure for the 50 per cent management quota for the current academic year.

The managements can also collect the fees recommended by the K. T. Thomas Committee from the students of both management quota seats and Government seats.

The Division Bench comprising Chief Justice V. K. Bali and Justice M. Ramachandran, while dismissing the appeals filed by the State Government challenging the interim order made by the Single Judge for admission to self-financing professional colleges this year, said the admissions, already made, at this stage should not be disturbed.

However, the Division Bench granted the Government liberty to proceed against the self-financing medical colleges, if there are definite and positive material showing that the test conducted by the Consortium of Managements for admission in medical stream was a farce and that the managements and the institution indulged in profiteering at the cost of merit.

This was the only modification granted to the Government by the court. he Government could take action by initiating proceedings before the chairperson of the Admission Supervision Committee or by any other means permissible under the law. However, the Government will have to give prior notice to the affected students and institutions concerned.

They should also be allowed an opportunity for hearing.

The court decided to hear final arguments in the matter on September 12.

The Division Bench issued the order on the appeals made by the Government against the Single Judge order on the petitions submitted by the self-financing professional college managements and individual students challenging the constitutional validity of 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, 2006.

The Single Judge order had allowed the admission process initiated by the self-financing professional college managements in the State to continue for this year.

The quota of Government and management seats is also to remain as the same as in the previous year.

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