The Hindu : New Delhi News : Apex court to hear State’s plea on Friday

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Wednesday, Aug 20, 2008
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Apex court to hear State’s plea on Friday

J. Venkatesan

On enforcing accord with managements

New Delhi: The Supreme Court will hear on August 22 a petition filed by the Kerala government seeking a directive to enforce the consensual agreement between the State and various managements of private medical colleges for the academic year 2008-2009.

A Bench of Justice C.K. Thakker and Justice D.K. Jain had earlier issued notice to the students concerned seeking their response in a week and posted the matter for further hearing on August 19. However, since the matter was not listed for hearing on Tuesday, counsel for the State P.V. Dinesh made a mention before the Bench and considering the urgency the matter was directed to be listed for further hearing on August 22.

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.

It said that as per the agreement with six private medical colleges, 50 per cent of the total seats in the colleges would 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 (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 was pending before the apex court. Even as the appeal was pending, talks were held with 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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