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| Saturday, July 14, 2007
Supreme Court to hear SLP on July 17
High Court verdict on seats sharing challenged
New Delhi: The Supreme Court will take up for preliminary hearing
on July 17 a special leave petition (SLP) challenging the Madras
High Court judgment on sharing of seats in private medical colleges.
The High Court by its common judgment on July 12 had struck
down the provisions providing for surrendering of 65 seats to
the Government by private colleges with only 35 per cent seats
for the management.
However, the court held that the ruling would be effective only
from next year.
Senior counsel Ranjit Kumar mentioned the filing of the SLP
by the Dr. Rajah Muthiah Chettiar Charitable and Educational
Trust running the Chettinad medical college before a bench of
the Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran
and pleaded for early hearing.
‘Mentioning list’
The Bench directed the matter to be included in the ‘mentioning
list’ on July 17.
Assailing the High Court order, the petitioner said it had struck
down the provisions holding that the imposition of seat sharing
as well as the insistence on a centralised counselling or a
single window system to be followed by the unaided educational
institutions was ultra vires the Constitution. Having so held,
the court nevertheless proceeded to issue directions to the
minority and non-minority institutions to surrender 50 per cent
and 65 per cent respectively of their seats in favour of the
Government in this year. It said such a direction was clearly
illegal and unconstitutional.
Important questions
The petitioner said the SLP raised important questions of law,
viz whether the High Court was correct in directing the private
institutions to surrender seats to the Government after striking
down the provisions; whether the High Court had the power to
postpone the operation of its order to next year; whether or
not the direction to the private unaided non-minority educational
institutions to follow the rule of reservation for the current
year was contrary to the law laid down by the apex court in
the Inamdar case.
The SLP sought quashing of the impugned judgment and an interim
stay of its operation.
Courtesy: The Hindu
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