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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

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

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


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