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| Saturday, July 07, 2007
Court’s query to unaided colleges
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.
Courtesy: The Hindu
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