M A I N   N E W S

SC issues notices to states on admissions
to private colleges
Tribune News Service

New Delhi, July 10
The Supreme Court today issued notices to all states seeking to know their stand on the admissions to unaided private and minority professional colleges, while referring a bunch of petitions to a five-judge constitution Bench for the correct interpretation of its earlier order on the right of such institutions.

A Bench comprising the Chief Justice, Mr V.N. Khare, and Mr Justice S.B. Sinha issued notices to the states while hearing several petitions filed by minority institutions from Karnataka and Kerala challenging the state governments’ right to regulate admissions in professional institutions, including medical and dental colleges run by them.

The court directed that the notices be served to the states through their standing counsel as well as sent to the chief secretaries of each state by fax to ensure that their replies were received by July 21 as the matter “would be heard and decided on July 22.”

The constitution Bench would decide three questions: (1) the power of the states to regulate admission in private unaided professional institutions, (2) power of states to regulate the capitation fee charged by such institutions, especially for medical and engineering colleges and (3) whether the state government can nullify the directives of the apex court regarding 15 per cent Central quota in medical colleges by bringing a legislation to this effect.

The court also directed the Attorney-General, Mr Soli Sorabjee, to assist it in deciding the issue of vital importance.

The minority institutions from Karnataka and Kerala have moved the Supreme Court challenging the state government’s orders for regulating admissions by them for professional courses, contending that the apex court’s judgement on minority institutions had said the government would have no control over the issue of admissions.

The Kerala and Karnataka governments, however, had taken the stand that as per the 11-judge constitution Bench in the T.M.A. Pai case, the state has power to regulate admissions in private colleges.

Meanwhile, Maharashtra’s counsel Harish Salve gave an undertaking to a Bench comprising Mr Justice R.C. Lahoti and Mr Justice Ashok Bhan during the hearing of the Centre’s writ petition challenging the quashing of 15 per cent central quota by the state in medical and dental colleges, that all the admissions “have been freezed” by the state for the 2003-04 academic session.

In view of the Chief Justice’s Bench referring the issue of private institutions to the constitution Bench, the matter relating to quashing of the Central quota by Maharashtra was also referred to the Chief Justice for appropriate further direction.