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Court’s query to unaided colleges

Special Correspondent

CHENNAI: The Madras High Court has sought to ascertain from the association of unaided professional colleges the consequences of the court striking down the State legislation mandating surrender of seats by unaided colleges and centralised counselling for management quota seats.

When the writ appeal preferred by the Consortium of Self-Financing Professional, Arts and Science Colleges and a medical college came up for further hearing on Friday, the First Bench, comprising Chief Justice A.P. Shah and Justice P. Jyothimani, however, made it clear that it was only an inquiry and that the court had not expressed any opinion on the subject matter of the case. The Bench made it clear that it did not want to create a situation wherein the Act had been struck down but students and others did not know what was going to happen next. Responding to the court query, Rajeev Dhavan, senior counsel for the Consortium, said they would work out a “workable solution” to the issue and inform the court.

In the course of arguments, Mr. Justice Shah observed that almost all States had a consensus (between the association of unaided colleges and the Government). The Bench reiterated its stated position that it would stay the admission process. “The grant of an interim relief will cause a serious prejudice to students. This is an important issue and we are not interfering with the process.”

Advocate-General R. Viduthalai, argued that once an admission process had commenced, any order or an arrangement would take effect only from the next academic year. Earlier, Mr. Dhavan submitted that the demand for a Government quota of 65 per cent of seats from non-minority institutions and 50 per cent from minority institutions was not for any social purpose.

Maintaining that the single judge’s order had several contradictions, senior counsel said the minority institutions would be in danger of their minority status as they had to apportion 15 per cent of their share of seats to Non-Resident Indians.

The argument is scheduled to continue before the Bench on Monday.

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