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Education, Careers & Professional News

SC refers plea on MBBS to larger Bench

Filed under:

Source
Deccan Herald

Date
2005-01-25

Information
An 11-judge bench had initially given detailed rulings after which several petitions were filed seeking clarifications and creating confusion.
The Supreme Court on Monday referred to a seven-judge bench all questions relating to admission to professional courses as a lot confusion has been created by colleges in this regard despite two other apex court benches going into it in detail in the past.

A division bench comprising Chief Justice R C Lahoti and Mr Justice G P Mathur referred a clutch of petitions filed by several institutions, private and religious, seeking clarification in regard to a host of issues relating to admissions to professional colleges.

A 11-judge bench in T M A Pai Foundation case had given several landmark rulings pertaining to admissions to professional colleges and the right of the minorities in running and administering educational institutions established by them.

When several doubts on the judgment rendered by the 11-judge bench was raised, a five-judge bench had attempted to clarify them.

But later several petitions were filed seeking clarifications pertaining to the fixing of management quota in private unaided professional colleges vis-à-vis the quota for meritorious students. Many of these colleges have also sought a ruling on the quota for NRI students. Some of the private professional colleges are also seeking permission to conduct their own entrance tests even though the court has directed holding of such tests by an association of private colleges in each state.

Removal of governors

Meanwhile, the Centre said that the President had unfettered powers to order removal of governors under Article 156 (1) and such orders could not be questioned by a court of law in view of the bar of Article 361 (1).

Under Article 156 (1) the governor shall hold office during the pleasure of the President … The exercise of a power founded on the doctrine of pleasure, even though the same is on the aid and advice of the Council of Ministers, cannot be questioned by the court, the Centre said in its affidavit.

The petition filed by BJP leader B P Singhal had challenged the removal of Kailashpati Mishra, Kedar Nath Sahani, Babu Parmanand and Vishnu Kant Sashtri as governors of Gujarat, Goa, Haryana and Uttar Pradesh respectively.

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