KARTHIGA Vs. TAMIL NADU PRIVATE MEDICAL COLLEGES ASSOCIATION

JUDGEMENT

(1.) THE question raised in this writ petition,we are informed,has not been raised till now and that is,whether the autonomy of the private unaided professional institutions includes the right to fix a higher minimum marks to be obtained in the qualifying examination in order to be eligible to write the Common Entrance Test.

(2.) IMPARTING instruction and giving education was philanthropy "a pious duty "in the past,and later a service.In recent times,it has developed into a business and now it stands recognized as an industry.A sizeable amount of litigation centres around medical education.The national wealth of available seats is scarce while the aspirants,desirous of sharing such wealth,are numerous.Every attempt at laying down criteria for choosing the more deserving out of the several aspirants is subjected to challenge before the constitutional courts of the country - vide State of Madhya Pradesh vs.Thirthani [(2003)7 S.C.C.83].Now,it is the turn of the two Unaided Private Medical Colleges,whose Common Entrance Tests are attacked as being illegal and unconstitutional as they are not in consonance with the provisions laid down in G.O.Ms.No.100,Health and Family Welfare Department,dated 14.5.2003.

(3.) THE relevant extracts from G.O.Ms.No.100 read as follows: