Identify minority institutions

Kochi: A Division Bench of the Kerala High Court on Wednesday granted time till October 26 to the State Government to identify minorities and minority professional institutions, as per provisions of the Kerala Professional Colleges (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-exploitative Fee and other Measures to ensure Equity and Excellence in Professional Education) Act 2006.

The Bench, comprising Chief Justice V.K. Bali and Justice P.R. Raman, adjourned to October 26 the hearing in the case. The Government, during the arguments, was asked if minorities and minority professional institutions had been identified.

The Advocate-General told the court that the Cabinet meeting scheduled for October 25 would take a decision on the issue.

The minority managements contended that the provisions of the Act violated Article 30(1) (right of the minority to establish and administer educational institutions) and Article 19(1)(g) (right to practise any profession or carry on any business or trade). The law had taken away the minority rights of the managements of self-financing professional colleges.

The petitioner said the section which defined minority was illegal. The Act set certain criteria for giving an institution a minority status. These conditions were absurd. If such criteria were enforced, there would not be any minority institutions in the State. Besides, the Government had no power to recognise or determine the minority status of an institution.

The National Commission for Minority Institutions had the power to recognise a minority institution. If the Government were empowered to determine the status of a minority institution, Article 254 of the Constitution would attract it.

It said that if a State law was inconsistent with the central law, the central law would prevail, the petitioners contended.

The petitioner also pointed out that the provisions in the Act were against the spirit of the Supreme Court ruling on the issue.