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Supreme Court issues notice to students; next hearing on August 19

J. Venkatesan

Petition filed by Kerala government seeking directive to enforce agreement

New Delhi: The Supreme Court has issued notice on a petition filed by the Kerala government seeking a directive to enforce the consensual agreement between the State and various managements of medical colleges for the academic year 2008-2009.

A Bench of Justice C.K. Thakker and Justice D.K. Jain issued notice to the students concerned seeking their response in one week and posted the matter for further hearing on August 19. Besides the State, the association of college managements also filed a similar petition.

Senior counsel K.K. Venugopal, appearing for the State, submitted that the apex court’s judgment in the Inamdar case provided for entering into an agreement with private managements in the ratio 50:50. He said that since September 30 was the last date for admission of students to the medical colleges, the matter could be heard expeditiously.

As per the agreement with six private medical colleges, 50 per cent of the total seats in the colleges will be filled by the government from the list prepared by the Commissioner of Entrance Examinations in accordance with merit and reservation principles followed by the government. The remaining 50 seats shall be filled as per the minority status of the college. The petition said that an appeal regarding the constitutional validity of the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admissions, Fixation of Non-Exploitative Fee and other measures to ensure equity and excellence in professional Education) Act, 2006 was pending before the apex court.

Contentions

Even as the appeal was pending, talks were held between the associations of various managements without prejudice to the rights and contentions raised in the appeal to work out an agreement regarding admission for the year 2008-2009.The State government sought approval of the agreement pending disposal of the appeal.

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