Minorities panel order on admission stayed

The act of SMC interfering with admission of students is arbitrary, illegal, unconstitutional and without jurisdiction, he said.

Published: 11th November 2018 08:05 AM  |   Last Updated: 11th November 2018 08:05 AM   |  A+A-

Madras HC

By Express News Service

CHENNAI: An order dated October 16 of the State Minorities Commission (SMC) directing certain autonomous colleges to submit details about admission of students for the past three years to check whether 50 per cent seats have been filled with students from minority communities, has been stayed by the Madras High Court.

Justice S S Sundar granted the stay while passing interim orders on writ petitions from Loyola College at Nungambakkam and other minority institutions in the city and the districts.
The judge also ordered notice to Higher education secretary, SMC and two others, returnable in two weeks.

Petitioner’s senior counsel Isaac Mohanlal submitted that it is practically impossible to admit 50 per cent of students belonging to minority community in the petitioners’ institutions. He assured the judge, by way of an undertaking, that the institutions will not deny admission to any eligible candidate belonging to minority communities. “Hence, there shall be an order of interim stay,” the judge said.

In his petition, Andrew Francis, Principal of Loyola College, submitted that although it was a minority institution, admission was not denied to anyone on grounds of religion, caste or creed. Denial of admission to any candidate on the ground would violate the right of students to get admission. While so, SMC issued notice stating that the prime intention of a minority educational institution was to uplift the educationally backward minority people and sprinkling of non-minority students in minority educational institution was to be only peripheral either for generating additional financial source or for cultural courtesy.

It was brought to the notice of  SMC that admission of non-minority students were not peripheral, but large in number in some minority  institutions and thus, reservation of seats for minority communities were not followed in reference to the guidelines prescribed in the 1998 G.O, it added and directed the petitioner to appear for a personal hearing with the details of the students admitted for the past three academic years. On enquiry, the authorities said the SMC was insisting upon minority colleges to fill a minimum 50 per cent seats only with minority candidates.

Counsel contended that SMC does not have the authority to fix any such criteria in the matter of admission in minority institutions. The act of SMC interfering with admission of students is arbitrary, illegal, unconstitutional and without jurisdiction, he said.

PIL against appointment of OSD to Pondy Lt Guv

Chennai : A PIL petition has been filed in the Madras High Court assailing the appointment of G Theva Neethi Dhas, IAS, as officer on special duty to Puducherry Lt Governor Kiran Bedi. A bench of Justices M Sathyanarayanan and P Rajamanickam, before which the PIL from P Saravanan came up for hearing last week, ordered notice to authorities concerned returnable by December 7. According to petitioner, on a proposal from Bedi on April 17, the Centre had sent a reply stating that Dhas cannot be appointed as Advisor to L-G, but may be considered for assignment of consultancy for a fixed period.  The appointment was illegal as the procedure should be on submission of proposal before the consultancy evaluation committee, the petitioner said.

PIL to remove flagmast in front of bus stop

Chennai: A division bench of the Madras High Court has ordered notice on a PIL petition praying for a directive to authorities concerned to remove a flagpole of a political party, which has been erected in front of a bus stop at Pulavari village in Salem district. A bench of Justices M Sathyanarayanan and P Rajamanickam, before which the petition came up, ordered notices to Salem Collector and five others, returnable by November 15. Advocate A Rajakumar said a large number of commuters and students in and around Pulavari were using the bus stop. Without permission, AIADMK cadre put up a party flagpole in front of the bus stop, which restricted movement of commuters. As there was no response from authorities, he filed the present petition.