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Saturday, Aug 18, 2007
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Online edition of India's National Newspaper Saturday, Aug 18, 2007 ePaper |
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Tamil Nadu
Special Correspondent
Colleges told to prepare merit list as per marks Action can be taken for not following rule of merit
CHENNAI: The Madras High Court has ruled that self-financing colleges offering B.Ed. courses in Tamil Nadu need not surrender 50 per cent of their total seats to the Government quota. Nor do they need to follow the single window system of admission. Passing orders on a batch of writ petitions filed by the Tamil Nadu Self-Financing Colleges of Education Management Association and others, the First Bench comprising Chief Justice A.P. Shah and Justice P. Jyothimani, however, said the colleges must arrange the applications received by them in accordance with the marks obtained by students and publish them on the website. Such a merit list shall be sent to the Government and the admission committee before the commencement of the selection process. The petitioners challenged the July 4 Government Order mandating them to follow the rule of reservation; selection and counselling by single window system; and surrender of seats to the Government quota. During arguments, counsel for the petitioners said the institutions would follow the rule relating to the reservation stipulated in the impugned order. Recording this, the Bench said, “There is no necessity to test the validity or otherwise of the clause in these petitions.” As for the surrender of seats, the Judges said whether minority or non-minority, the colleges could not be compelled to surrender any number of seats to the Government. “We have no hesitation to come to the conclusion that Clause IV(a)(iii) of the Annexure to the G.O., which compels the self-financing colleges of education to surrender 50 per cent of their seats as Government quota is clearly ultra vires.” The Judges, however, made it clear that the judgment would not prevent any college which was ready to surrender any number of seats. With regard to the single window system of admission, the First Bench referred to counsel’s submission that for admission to B.Ed. course students were drawn from various streams of studies such as B.Sc., B.A., B.Com., with varied subject backgrounds. “In the absence of any entrance test, there is no possibility of admitting the students on equitable basis, since the students are drawn from various branches and faculties,” the Judges said, adding, “the process of normalisation is absolutely impossible by following the marks in the qualifying examination.” The Bench also said it was open to the Government to take appropriate action against those unaided private educational colleges that have not followed the selection process in accordance with merit.
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