SC to hear Colleges petition on Friday
New Delhi, Jul 5 : The Supreme Court will hear on Friday a petition challenging the Kerala Professional Colleges (prohibition of capitation fees, regulation of admission, cessation of non exploitative fees and other major colleges to ensure equity and excellence in professional education) Act 2006 on the grounds that it is an attempt by the state government to virtually nationalise private, unaided colleges, including minority institutions.
A bench comprising Chief Justice Y K Sabrawal and Mr Justice C K Thakkar fixed the date of hearing after the matter was mentioned before the court by petitioner's counsel.
The petitioners have challenged the act on the ground that it was violative of the law laid down by this court in TMA Pai foundation case. According to the petitioners, the Supreme Court had clearly laid down that state shall not be allowed to regulate or control admissions in unaided private colleges.
The petition has been filed by Kerala Private Medical College Management Association. The petitioners have also contended that Section 6, 7 and 9 of the impugned act empowers the fee regulatory committee to determine the fees to be charged by private unaided medical colleges.
The petitioners have also sought permission from the court to allow the petitioners' association to admit students on the basis of a test conducted by them for the academic year 2006-07.
The petitioners have also sought exparte interim stay against the implementation of the impugned act till the final disposal of this petition.