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Entrance Test of Managements void in Kerala
The Kerala High Court on Monday declared void and inoperative the entrance test conducted by the Kerala Private Managements Association on May 30 this year for admission to the management seats in 11 self-financing medical colleges under it.
Justice S. Siri Jagan, allowing a few writ petitions challenging the entrance test, directed that the admission to the 35 per cent seats reserved under the management quota be made from the rank list prepared by the Commissioner for Entrance Examinations (CEE) on the basis of this year’s Common Entrance Test.
The court found that there was no supervision of the test by the Admission Supervisory Committee for Professional Colleges. The committee had submitted that it did not have any information about the conduct of the test. The judge was of the opinion that the admission procedures prescribed by the association did not satisfy “the triple test — fair, transparent and non-exploitative” laid down by the Supreme Court.
The members of the association had signed a seat-sharing agreement with the government.
The petitioners contended that admissions to professional courses should be made on the basis of a competitive entrance examination as provided under Regulation 5(5) (1) of the Graduate Medical Education Regulations. The entrance test conducted by the association did not satisfy the provisions of the regulations, the petitioners said.
Apex Court Order
The Supreme Court had held that private medical colleges should make admissions on the basis of an entrance examination or by evolving a transparent method for identifying the merit of candidates. In fact, private medical colleges were allowed to conduct their own entrance examination only if they did not propose to admit students from the rank list prepared by the CEE. Therefore, the competitive examination had to satisfy the triple test as laid down by the court. It was held by the apex court that when admission tests failed to satisfy any of the triple tests, the State could conduct admissions through its own procedure.
According to the petitioners, 720 candidates appeared for the test for 550 management seats. Some of the colleges were yet to be approved by the Medical Council of India.