The Hindu : Front Page : High Court order on admissions upheld

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Saturday, Aug 26, 2006

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High Court order on admissions upheld

J. Venkatesan

Supreme Court tells Mohammed committee to look into complaints received

New Delhi: The Supreme Court on Friday approved the interim order of the Kerala High Court directing the State to maintain 50:50 per cent on quotas between the Government and managements of private self-financing medical, engineering and other professional colleges on admissions for 2006-2007.

A Bench of Justice K.G. Balakrishnan and Justice D.K. Jain passed this order at the conclusion of a marathon hearing on a batch of appeals filed by the Kerala Government challenging the interim order of the High Court.

Taking into consideration the submissions made by the counsel for the State that the Common Entrance Test (CET) conducted by the medical colleges was not fair and transparent, the Bench asked the P.A. Mohammed Committee constituted by the State to look into various complaints received in this regard and submit a report on or before September 8. The Bench said that if it was found by the committee that the CET conducted for medical admissions was not in accordance with the Inamdar judgment of the Supreme Court, the committee could issue appropriate directions. The Bench said the State would be at liberty to take action on the basis of the committee's report.

The Bench pointed out that when the prospectus for admission was issued in January 2006, the State had a right to fill only 50 per cent of the seats. Further, while legislation in respect of admission to professional courses was passed well in advance in other States, in Kerala it was enacted on July 2 when the process of admissions had already started. The Bench, therefore, said: "We approve the seat sharing as directed by the Division Bench in the impugned order."

As regards the complaints, the Bench said the Mohammed Committee had already issued notice to the parties. Though various irregularities were pointed out by the counsel "we do not propose to incorporate all of them. The State would be at liberty to raise the objections before the Committee."

The Bench also made it clear that if the students found it difficult to get admission in view of the time schedule fixed by the Medical Council of India (September 30 is the last date for completion of medical admissions), they could approach this court for any direction.

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