The Hindu : Front Page : Apex court to hear Kerala plea on August 7

Online edition of India's National Newspaper
Wednesday, Aug 02, 2006

Front Page

Front Page

Apex court to hear Kerala plea on August 7

J. Venkatesan

Special Leave Petitions seek quashing of High Court's July 29 interim order

NEW DELHI: The Supreme Court will hear on August 7 a batch of appeals filed by the Kerala Government challenging an interim order of the Kerala High Court directing the State to maintain status quo as of 2005-06 on quotas and fee structure for admissions to private unaided professional colleges.

Appearing for the State, senior counsel C. S. Vaidyanathan and P. V. Dinesh made a mention before a Bench of Justice K. G. Balakrishnan and Justice D. K. Jain for early listing of the appeal in view of the urgency of the matter and in the interest of students. Declining early hearing, the Bench told the counsel that "you have to work out your remedies."

Appearing for the managements, senior counsel T. R. Andhyarujina said "they [the State] brought the law on July 2 and yet they say there is urgency." Senior counsel Harish Salve suggested that the matter be heard on August 4. However, the Bench posted the matter for hearing on August 7.

In its appeals, the State contended that 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 was intended to uphold merit, excellence, transparency and to ensure social justice in professional education.

The State said the Special Leave Petitions (SLPs) raised important questions of law: viz. whether an interim order passed by the apex court would survive even after a comprehensive enactment brought pursuant to the judgment of the apex court; whether the High Court was justified in granting interim relief to those who did not adhere to the triple test of fair, transparent and non-exploitative fee structure as laid down by the apex court in the Inamdar judgment; whether the High Court was justified in upsetting the admissions conducted by the State pursuant to the directions of the apex court; whether the High Court was justified in extending equitable remedy to those students who were alleged to have participated in a test conducted by the managements in a clandestine manner; and whether the High Court was justified in negating the provisions of an Act in force for those who openly violated the directions of the apex court.

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