SHANTI VARDHAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE appeals project yet another instance and efforts of the Management of the private educational institutions attempting to play with the career of the students with a sole object of filling up their coffer taking shelter under one or the other pretext, lacunae or loop-holes in the laws governing educational system.

(2.) TO overpower the evil of capitation fee and to regulate the process of admission to professional and technical courses the State Legislature has enacted the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (hereinafter called the Act ). Subsequently, under the powers conferred by the said Act the State has also framed the Karnataka Selection of Candidates for Admission of Engineering, Medical and Dental Courses Rules, 1993 (hereinafter called the Rules ).

(3.) SINCE then, admissions to these courses are regulated as per the provisions of the Act and the Rules. As mentioned, the greed of the private educational institutions and the apathy on the part of the State Government led to file several writ petitions in this Court as well as before the Hon'ble Supreme Court. Considering these aspects and the fact that ultimately the fight between the Managements and the State would affect the students the Hon'ble Supreme Court in the case of Unnikrishnan J. P. v. State of Andhra Pradesh, (1993) 1 SCC 645 : (AIR 1993 SC 2178) by its order dated 4-2-1993 framed a scheme governing the admission to the professional colleges. The Hon'ble Supreme Court framed the scheme only with a view to eliminate further the evil of capitation fee and to stop the unguided discretion used by the privately managed professional institutions. The main object of the scheme was to ensure that merit prevails in the matter of admission both in respect of what are commonly known as 'free seats' and 'payment seats'. Aggrieved by the judgment of the Hon'ble Supreme Court several institutions filed review petitions which were also disposed by the Constitution Bench on 14-5-1993 with certain clarifications. In one of the cases arisen from the State of Karnataka in the case of Tma Pai Foundation v. State of Karnataka by an order dated 11-8-1995 (reported in AIR 1995 SC 2431) the Hon'ble Supreme Court passed the following interim orders (at p. 2438 of AIR) :