Tuesday, Jun 10, 2003
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By Our Legal Correspondent
A vacation Bench comprising Justice R.C. Lahoti and Justice Brijesh Kumar issued the notice after hearing P.H. Parekh, counsel for the CMC and posted the case for further hearing on June 16.
Counsel submitted that the reputed college had been admitting students on the basis of an all-India entrance test conducted by it and not by the State Government. He said the Supreme Court, through interim orders passed every year since 1994, had permitted the CMC to admit students on the basis of the entrance test conducted by it.
In its petition, CMC contended that after the apex court pronounced its judgment on the admission procedure for minority educational institutions, the State Government passed an order on May 14 directing the CMC to admit 40 per cent of the students on the basis of common entrance test conducted by the Tamil Nadu Government and the remaining 60 per cent by the management.
The G.O. further said that even in the remaining 60 per cent the college should follow the rules of reservation, which meant that only 11 out of the total 60 seats could be admitted by the management making a mockery of the constitutional rights guaranteed to the petitioner.
The petitioner contended that the Government had no right to compel the college to fill 40 per cent of the seats through a single window system of admission as it would constitute interference with the rights of the institution as a private, unaided, minority, non-capitation fee college.
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