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Govt for all-India test in professional institutions

BS Law Correspondent in New Delhi | July 25, 2003 16:03 IST

The Central government today told the five-judge Constitution Bench of the Supreme Court that it was in favour of a uniform, centralised test to determine the merit of students for the management quota in professional colleges.

It would not erode the autonomy of the minority institutions.

It would eliminate the inconvenience to the students who now have to appear in several tests for admission to professional colleges.

This view of the central government was presented by Additional Solicitor-General RN Trivedi when the Bench headed by Chief Justice VN Khare resumed the hearing in the case relating to admissions to private professional colleges.

Admissions to professional colleges, especially minority institutions, are hanging in the balance because of serious doubts raised on some points decided in December last by a 11-judge Bench.

The crunch is about the right of admissions and fee structure in private colleges, aided and unaided.

The present Bench has to decide how much state control is permissible in these two fields as far as private professional colleges are concerned.

The minority institutions contend that the state control is minimum, while the governments claim that they can interfere to stop capitation fees and 'selling' of seats.

In a related development, the same Constitution Bench today stayed the operation of the Maharashtra law which exempted the state government from the all-India quota in professional colleges.

According to a 1993 judgment, 15 per cent of the seats should be reserved for students who are from outside the states.

This was meant to boost national integration. Maharashtra opted out of it after the 11-judge judgment. This had created another stalemate in admissions. This hurdle has now been cleared by the Supreme Court, for at least this year.

Attorney-General Soli Sorabjee, who was asked to give his opinion on the minority institutions case, submitted that the right of the minorities to administer their institutions was not absolute and the government could impose regulatory measures to ensure educational standards.

However, unaided minority institutions have maximum autonomy in the matter of admissions and fee structure.


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