The
Supreme Court ruled and allowed 15% percent
quota for NRI students
New Delhi, Aug 12, 2005
Rakesh Maslhotra
NRI press
The Supreme Court today ruled that the government
could neither enforce the policy of reservation nor
fix quotas for admissions to medical, engineering
and other professional courses in private unaided
minority and non-minority institutions in the country.
The court allowed private professional colleges
to admit NRI (non resident Indians) students up to
15 per cent of total seats without giving merit a
go-by. It clear that the seats had to be strictly
filled by the children and wards of NRIs on the basis
of merit.
The revenue collected from NRI students will be very
helpfull for poor students, the court said.
Minority bodies have absolute right over admissions:
Court
New Delhi, Aug 12, 2005
IANS
The Supreme Court Friday held that unaided minority
and non-minority institutions have absolute rights
to establish, administer and admit students of their
choice in medicine, engineering and other professional
courses without government interference.
A seven-judge constitution bench headed by the Chief
Justice R.C. Lahoti also abolished state quota and
reservations in unaided private minority and non-minority
colleges.
It was made clear that this judgement would be effective
from the next academic year 2006-2007 and all admissions
made during 2005-2006 through court orders and directions
of state committees would not be disturbed.
Writing the unanimous judgement, Lahoti said: "The
State cannot insist on private educational institutions
which receive no aid from the State to implement State's
policy on reservation for granting admissions on lesser
percentage of marks that is on any criterion except
merit."
Reiterating the ruling given by the 11-judge bench
in the T.M.A. Pai Foundation case, the chief justice
said "unaided institutions, minority or non-minority,
have unfettered fundamental right to choose the students
and the procedure subject to its being fair, transparent
and non-exploitative."
Further, the bench said, "minority institutions
would be free to admit students of their own choice
including students of non-minority community as also
members of their own community from other States,
both to a limited extent only and not in a manner
and to such an extent that their minority educational
institution status is lost. If they do so, they lose
the protection of Article 30 (1) of the Constitution
(relating to minorities)."
The court recommended that admissions be regulated
by a centralised and single window procedure.
The bench also put a complete ban on collection of
capitation fees and profiteering by colleges. It said
though every institution was free to devise its own
fee structure, it could be regulated in the interest
of the student community.
Initially in 2002, an 11-judge bench in the T.M.A.
Pai case had laid down broad guidelines. As different
high courts interpreted it differently, a five-judge
bench in 2003 gave clarifications but it further created
chaos and confusion in admissions. In view of this,
a seven-judge bench was constituted to reinterpret
the two earlier judgements.
In its judgement, the seven judges said: "Neither
the policy of reservation can be enforced by the State
nor any quota or percentage of admissions can be carved
out to be appropriated by the State in a minority
or non-minority unaided educational institution."
The bench, which included Justices Y.K. Sabharwal,
D.M. Dharmadhikari, Arun Kumar, G.P. Mathur, Tarun
Chatterjee and P.K. Balasubramanyan, gave this ruling
while dealing with over 100 petitions filed by All
India Medical and Engineering Colleges Association
President T.D. Naidu.
The bench allowed 15 percent quota for NRI students
in private colleges allowing them to charge higher
fees. It was made clear that such seats should be
utilised only for bonafide NRIs and for their children
and merit should not be given a go-bye. The amount
collected from NRI students should be utilised for
benefiting students from weaker sections.
NEW DELHI, August 12, 2005
PTI
No quota system in pvt, minority colleges: SC
The Supreme Court today ruled that states have no
right to appropriate seats as their quota in professional
private colleges as well as unaided and aided minority
institutions.
A seven-judge bench headed by Chief Justice R C Lahoti
gave this ruling and said minority institutions, whether
aided or non-aided, were free to admit students of
their choice.
They said the number of students from other community
could be admitted but not to such an extent so as
to change the minority character.
The court allowed private professional colleges to
admit NRI students up to 15 per cent of total seats
without giving merit a go-by.
The money collected from NRI students could go to
benefit the poor students, the court said.
Saying that the right to administer could not be
allowed to result in mal-administration, the court
reiterated that profiteering cannot be permitted on
any ground.
The court also said that there should be centralised
single window admission system to promote merit, excellence
and curb mal-practices.
The court said the institutions could not be debarred
from framing their own fee structure regarding admission
but the same could be regulated by the states to prevent
profiteering.
Upholding an earlier judgement on setting up two
committees to regulate the fee structure and admission
procedures, the court said these are stop-gap arrangements
done by the court till a suitable legislation was
enacted
