The Hindu : Front Page : State challenges High Court order

Online edition of India's National Newspaper
Tuesday, Aug 01, 2006

Front Page

Front Page

State challenges High Court order

J. Venkatesan

Supreme Court Bench allows the petition to be included in Tuesday's `mention list'

NEW DELHI: The Kerala Government on Monday moved the Supreme Court challenging an interim order of the Kerala High Court directing the State to maintain status quo as of 2005-2006 on quotas and fee structure in respect of admissions to private unaided professional colleges.

Senior counsel C. S. Vaidyanathan made a mention before a three-judge Bench headed by Chief Justice Y. K. Sabharwal about the filing of the appeal and pleaded for early listing of the matter. The Bench permitted the matter to be included in Tuesday's `mention list.' A batch of appeals filed by State counsel P. V. Dinesh contended that in the `Inamdar judgment,' the apex court had held that the respective State Governments could enact a legislation governing admissions. Accordingly, the Kerala Government had enacted 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, 2006.

The Government said that though the Inamdar judgment prohibited reservation of seats, after the 93rd Constitution amendment, the States were competent to make special provisions for the advancement of education of the socially and educationally backward classes of citizens by providing reservation.

While so, the High Court was not justified in following an interim order of this court passed on May 29. It said that at the time of the apex court passing this order, the State legislation was not enacted and once a valid law was enacted, the pending writ petition on which such an order was passed had become infructuous.

It alleged that the managements of the private colleges had resorted to fraudulent practices in the admission of students and in seeking approval of such admissions by filing writ petitions. It said the High Court should have considered the fact that the objective sought to be achieved through the legislation was to uphold merit, excellence and transparency and to ensure social justice in professional education. The SLPs sought quashing of the July 29 interim order passed by the Division Bench of the High Court and an interim stay of its operation.

Printer friendly page
Send this article to Friends by E-Mail

Front Page