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| Tuesday, July 10, 2007
Orders on surrender of seats tomorrow
Arguments on the matter remained inconclusive on Monday
Chennai: The Madras High Court, hearing writ appeals on the
surrender of seats by unaided professional colleges to the Government
quota and the mode of admission of students for management quota,
has said orders would be delivered on Wednesday.
As arguments on the matter remained inconclusive on Monday,
the First Bench comprising Chief Justice A.P. Shah and Justice
P. Jyothimani said if Advocate-General R. Viduthalai completed
his submission on Tuesday, the orders would be passed on Wednesday.
In the course of arguments on Monday, the Bench also wondered
as to how the Government could insist that the unaided college
admit students only on the basis of marks in qualifying examinations.
Whether it is common entrance test or any other method, it is
for the colleges to decide, the Bench comprising Chief Justice
A.P. Shah and Justice P. Jyothimani said adding that the colleges
would have the right to decide their own admission method in
respect of seats under the management quota.
Earlier, senior counsel R. Krishnamoorthy submitted that Sections
4(1) and 5(4) of the impugned Tamil Nadu Admission in Professional
Educational Institutions Act sought to reduce the right of the
managements and their control over admission process to nothing.
The unaided institutions are entitled to have their own method
of admission, provided it ensured the mandatory conditions of
fairness, transparency and non-exploitation.
While senior counsel N.R. Chandran said the role of the Government
was only to monitor the process, another senior advocate R.
Muthukumaraswamy said Sections 4(1) and 5(4) were opposed to
the Supreme Court’s order in the P.A. Inamdar case.
Satish Parasaran, representing an unaided medical college, said
a consensual contract could not be substituted by legislation,
because while the former was mutual the latter was unilateral.
Courtesy: The Hindu
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