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Tuesday, Feb 13, 2007
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Apex court issues notice to self-financing colleges

J. Venkatesan

State Government files SLP against High Court verdict

New Delhi: The Supreme Court on Monday issued notice to the Malankara Orthodox Syrian Church Medical College and others on a special leave petition (SLP) filed by the Kerala Government against a judgment of the Kerala High Court striking down as unconstitutional certain provisions of the law relating to admission to professional colleges.

A Bench of Justice B.N. Agrwal and Justice P.P. Naolekar issued the notice after hearing senior counsel K.K. Venugopal and C.S. Vaidyanathan appearing for Kerala and senior counsel Harish Salve on behalf of the colleges. Mr. Venugopal submitted that it was the State's contention that the matter would have to be heard by a 13-Judge Bench. He said that "at present we are concerned with the interim relief."

The Bench issued notice both on the main petition and the interim applications seeking response of the colleges in two weeks and rejoinder in two weeks thereafter, and directed listing of the matter after four weeks.

The State 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 for the common entrance test, centralised counselling and single window system of the admission process.

On a batch of petitions assailing the Act, the High Court quashed certain provisions on grounds that these violated the rights of the minorities to set up and administer educational institutions of their choice.

The Kerala Government said the SLP raised important questions of law for the consideration by the apex court, viz. whether the High Court was justified in declaring unconstitutional the provisions made for reservation and allotments of seats to Scheduled Castes, Scheduled Tribes and Socially and Educationally Backward Classes mandated by the 93rd Constitution amendment; and is it not in effect striking down the 93rd amendment itself?

In the absence of a definition of minority and minority educational institution in the Constitution and in the absence of an authoritative pronouncement by the apex court, whether the High Court was justified in striking down the provisions enacted pursuant to the T.M.A. Pai Foundation case, bearing in mind the objective of protective character of the minority right and that there could not be reverse discrimination?

The petition sought quashing of the impugned judgment of the Kerala High Court and an interim stay of its operation.

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