The Supreme Court today began hearing on petitions for determination of the ambit power of the state governments to regulate fee structure and process of selection of candidates for private unaided minority educational institutions.Thousands of candidates are awaiting the outcome of the hearing of the petitions as most states and numerous private reputed colleges have frozen the admission process for professional courses — medicine, dental and engineering — for this academic year.A five-judge constitution bench comprising Chief Justice V.N. Khare, Justice S.N. Variava, Justice K.G. Balakrishnan, Justice Arijit Pasayat and Justice S.B. Sinha said they would hear the petitions within the parameters laid down by the 11-judge constitution bench in its judgement pertaining to minority educational institutions.The bench was given assurances by various state governments, Medical Council of India (MCI) and All India Council for Technical Education (AICTE) that the law declared by the Supreme Court would override the rules and regulations framed by them for educational institutions.Attorney General Soli J. Sorabjee, whose assistance has been sought by the five-judge bench, said the court should give clarification on the confusions over portions of the 11-Judge bench ruling and then the states and other regulatory bodies could test the legality of their rules.Appearing for a religious unaided Minority Educational Institution (MEI) and a linguistic MEI, Fali S. Nariman said the 11-judge bench had held that right to admission was part of management’s right to run the institution.Arguing for Islamic Academy of Education and Venkatesha Education Society, he said Karnataka government has given a complete go-by to the SC ruling distinguishing between aided and unaided MEIs. He said the government was applying arbitrary principles in reducing the fees and wanted to grab seats meant for the students from the minority community for general pool.Appearing for Tamil Nadu government, P.P. Rao said students’ right to avail the opportunity of seeking admission in as many institutions would be hindered if unaided private professional colleges would hold separate admission tests rather than go for a common entrance test.Appearing for Christian Medical College, senior advocate Harish Salve stated that the state could frame a mechanism to regulate the incidents of profiteering resorted to by unaided MEIs but that did not mean the state had power to regulate its admission and fee structure.
