The Hindu : Kerala / Kochi News : Judgment in professional colleges Act case reserved

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Friday, Nov 10, 2006
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Judgment in professional colleges Act case reserved

Staff Reporter

HIGH COURTROUND-UP

Kochi: A Division Bench of the Kerala High Court on Wednesday reserved its judgement on a batch of writ petitions challenging 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 petitioners sought to quash the law as it was against the Constitutional provisions. They contended that the provisions of the Act violated Article 30(1) (right of the minority to establish and administer educational institutions) and Article 19(1)(g) (right to practice any profession or carry on any business or trade). According to them, the law took away the rights of the management of the self-financing professional colleges.

The petitioner pointed out that the section, which defined the minority, was illegal. Besides, the Act set certain criteria for recognising an institution as minority institution. The conditions were absurd. If such criteria were enforced, there could not be any minority institutions in the State, they contended. The petitioners contended that the Government had no power to recognise or determine the minority status of an institution. The National Commission for Minority Institution alone had the power to accord minority status to an institution.

The Bench comprising Chief Justice V.K. Bali and Justice P.R. Raman reserved the judgement after the conclusion of arguments on the petitions.

P.J. Kurien's petition

Former Union Minister and MP P.J. Kurien on Wednesday filed a revision petition against the Thodupuzha Sessions Court's order dismissing his application seeking to discharge him from the Suryanelli rape case.

The case relates to the abduction of a minor girl from her house at Suryanelli in Idukki district by a bus conductor on the promise of marrying her. He then confined her at various places in the State and allowed several people to sexually assault her under threat and coercion.

While disposing of the petition filed by Mr. Kurien challenging the High Court order upholding a trial court order arraigning him as an accused in the case, the Supreme Court had directed the trial court to deal with the discharge petition uninfluenced by the observations made by the High Court. The Bench had also directed that Prof. Kurien be released on bail on his appearing before the trial court. The High Court in 1999 had dismissed a petition by Mr.Kurien holding that no ground had been made for quashing the proceedings before the Peeremedu Judicial First Class Magistrate, who had found a prima facie case of rape against the petitioner.

Dumping waste

A petition was filed seeking a direction to the Railway Board to develop a mechanism to prevent dumping of human excreta and other waste from the railway compartments on to the open space.

The Bench adjourned the petition by a week. According to the petitioner, George Joseph of Changanaserry, the disposal of human excreta in open spaces caused outbreak of various diseases such as typhoid and cholera. It also polluted the rivers and steams, the petitioner claimed.

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