Kerala Professional Colleges Act challenged before HC

Kochi, July 7 (UNI) A writ petition was filed before the Kerala High Court today seeking to annul the Kerala Professional Colleges (Prohibition of Capitation Fees, Regulation of Admission) Act 2006.

In the writ petition filed by Lisie Medical Educational Institutions Trust it has beeen submitted that various provisions of the Act were illegal and unconstitutional. Direction has been also sought to permit the managements association to proceed with the test and selection process for admission.

According to the petitioner, the Act was prima facie violative of Article 30 (1) of the Constitution of India which guarantees special protection for the educational institutions established by religious minorities.

It was further submitted that the provisions of the Act were contrary to the principles laid down by the Supreme Court in the T M A Pai, Islamic Academy and Inamdar cases. The power conferred on the regulation committee for fixation of fees is also contrary to Article 19 (1) of the Constitution.

Section 10 of the Act, which takes away all the seats except 15 per cent NRI seats, from managements and treats them as government seats has also been challenged.

UNI XR ARC OA1918