HC sets aside G O on B Ed seat-sharing

Chennai, Aug 18 (UNI) Madras High Court has set aside the Tamil Nadu Government Order, directing self-financing institutions to surrender 50 per cent of B.Ed seats to the Government quota and to admit students through centralised Counselling.

A Division Bench comprising Chief Justice A P Shah and Justice P Jyothimani set aside the July four last G O., while allowing a batch of petitions filed by the Tamil Nadu Self-Financing Colleges of Education Management Association and others.

The colleges had challenged the G O which directed them to surrender 50 per cent of seats and to follow a single window system of admission and the reservation policy.

The Bench said the point relating to reservation was not insisted by the petitioners, since they were willing to follow the norms in admission for the year 2007-08. The same was not decided and the issue had been left open.

It was made clear that in any event, if sufficient number of candidates were not available under the reserved category, it was open to the colleges to fill up the said seats as open category, the bench added.

Citing the judgements of the Supreme Court in TMA Pai Foundation case and Inamdar case, the Bench said it was clear in respect of the un-aided colleges of education, whether minority or non-minority, they cannot be compelled to surrender any number of seats to the Government.

''We have no hesitation to come to the conclusion that the provisions of the G O, which compels the self-financing colleges of education to surrender 50 per cent of seats, as the government quota was clearly ultra vires,'' the Bench said.

UNI