Legal wrangle; students in dilemma over professional course

Thiruvananthapuram, Aug 13: The ongoing legal battle between the government and the managements of self-financing professional colleges, has put the students, who aspire to join a professional course this year, in a dilemma.

While the self financing professional college managements were adamant in admitting students in management quotas, as was done last year in the 50:50 ratio, the Left Democratic Front(LDF( Government has said that it would implement the recent Kerala professional colleges Act, 2006, in one form or the other, whatever the legal hurdles be.

Moreover, the Supreme Court has postponed the cases relating to the self financing professional colleges to August 18 in an appeal filed by the Kerala Government over the interim order of the State High Court against the Professional Colleges Act.

The Apex Court on August 7, while posting the case, also sought details of the entrance examinations conducted by medical colleges, run by private managements, which has dealt a blow to the managements.

Students and their the parents were in a tight spot with most of them already having placed their choices during the counselling and fear they would have to change their option, if the verdict favoured a 50:50 ratio, as the managements demanded.

Some also fear that they would be out of the race, as they would not be able to pay the fees, if the 50:50 ratio was endorsed by the Apex Court.

The Apex Court had also observed that admissions in the management quota would be cancelled, if any irregularity was detected in the entrance examination to the management quota, conducted by the consortium of self financing colleges.

It had been debated that the colleges had admitted more students than those who had appeared for the entrance examination, which had raised confusion among parents who had admitted their children in private medical colleges.

Amid the legal wrangle, classes began for the fresh batch in medical colleges run by both the State Government and self-financing college managements. While the state-run colleges began the classes with only 15 per cent of the students, who got admission under the All India quota, self-financing colleges admitted 50 per cent seats under the management quota.

Even as apprehension remained and the legal battle shifted to Delhi, the Kerala Government has been trying for a solution to the issue outside the Court, as the matter concerned tens of thousands of students.

The Managements, however, seemed to be firm in discontinuing with any discussion on what it called ''anti-democratic and anti-constitutional'' clauses in the SFC Act.

Talking to UNI, the Association of Kerala Self-Financing Medical Colleges Chairman George Paul said any further step would be taken only after the Supreme Court verdict. ''Whatever the verdict, we would abide by it,'' he added.

When asked if the verdict came against their plea, Mr George said they would again approach the Courts for their rights.

''We need money for running colleges on an international standard and , in the present context and the Act, we would not be able to run such institutions,'' he added.

As far as the Medical and Engineering College Managements were concerned, the admission process for this year was over and hence, there would be no more talks. They have urged the Government to initiate immediate steps to begin classes at professional colleges this year, without further delay, on the basis of court verdicts.

The self financing professional colleges had already completed admission procedures for 50 per cent of seats, as per the Kerala High Court order, which allowed their managements to go ahead with their selection procedure for the 50 per cent management quota, for the current academic year.

They have made it clear that long-term policy measures could be worked out on the basis of detailed talks with all concerned, after admitting the students this year.

The Inter-Church Council for Education Council, which has the largest number of professional colleges, had said that discussions, whatsoever on the self-financing professional Colleges Act, could be held only if the minority rights was enshrined in the Constitution and which formed the bedrock of democracy, was safeguarded.

The Church Council Chairman Archbishop Mar Joseph Powathil however, said that the fees structure and admissions to students from backward classes could be discussed.

Kerala Education Minister M A Baby, while categorically stating that the Kerala Professional Colleges Act, 2006, would be implemented in one form or the other, also pointed out that the Government was ready to amend certain provisions in the law, if managements would not misuse the minority status of colleges.

While the Christian managements were so resolute in their stand, the Muslim Education Society (MES) had expressed its willingness to cooperate with the LDF Government's suggestions to solve the self-financing colleges issue. In the long run, the Churches had also gone a step forward when they read out on July 23, a pastoral letter, exhorting believers to protest against the new Higher Education Act. The letter, jointly issued by heads of all rites, condemned the law as 'unconstitutional, anti-democratic and anti-minority''.

The letter, signed by Syro-Malankara Church Head Cyril Mar Baselius on behalf of all bishops, said Christian managements would go ahead with legal action to fight the act.

Asking the believers to come out against the Act, the letter said that the new law excluded Christians, who form only 19 per cent of the population of Kerala, from the definition of minorities.

The controversial Act empowers the State government to decide on the minority status of a community, on the basis of its total population, the number of colleges run by it, and the proportion of students belonging to it, vis-a-vis their counterparts from non-minority communities.

The controversial Kerala Professional College Act, 2006 came into force last month. The LDF government had said that the Act was brought in to ensure social justice in admission and fees in the professional colleges.

UNI