O J's Corner : Reflections

Salute the court verdict

Whatever may be the faults in our system and its devious practitioners, we have a judicious judiciary, which I feel, stands towering above the other two limbs of the Constitution. I know the three limbs of the Constitution, the legislature, the executive and the judiciary, are complementary and are equally important. But the judiciary does not fail even as the other two limbs fail in their duty occasionally.

The excellence in the dispensation of justice is best exemplified by the interim orders of the Supreme Court and  Kerala High Court in the self-financing professional courses case.

The Supreme Court did not show judicial activism and so it sent the issue directly to the High Court for trial of the crucial issue relating to the vires or otherwise of the legislation passed by Kerala Assembly recently.

The new piece of law was intended to bridle the private managements, particularly the minority communities, which have been on the vanguard of conducting educational exercises to the benefit of all the communities. The legislation contains tools with which the minorities could be pestered.

Close on the heels of the House passing the bill at midnight, interpolating the controversial new definition of the minorities by oral presentation of the particular clauses by the State Education Minister, the managements approached the Supreme Court for nullification of the law. Temporary redressal of grievances like allowing last year’s modus operandi of admission was also sought. The apex court justifiably remitted the case for adjudication by the High Court.

The top-most court had not gone into the merit of any issue. I wonder what was the need for the media to propagate the view that the Supreme Court dismissed the plea of the managements. The gravamen of the order dismissing the petition as withdrawn was that the High Court was the proper forum to mull over the crucial issues.

The ruling class in the State welcomed the decision saying the Supreme Court had dismissed the plea of the managements.

Now lately when the High Court issued an interim order asking  status quo ante to be restored for a year, the media highlighted the fact that the court did not allow the plea of the managements to stay the operation of the provisions of the legislation under challenge.

It was true the court did not issue a stay order. For it was not needed to have a stay order. Already the court made it clear that the procedure adopted for admission of students to professional courses last year would continue for a year more. The legality of the provisions of the law would be discussed in detail during the trial process.

The managements should follow the 50:50 ratio of merit and management quotas in admission. Last year Justice K T Thomas, as desired by the Supreme Court, had fixed quantum of fee for various courses. The same fee structure would be followed this year as well.

A close look at the demands of the managements would provide the perspective that these were the essence of the pleas of the managements. The question whether the legislation is unconstitutional or not would be decided in course of time. Moreover, whoever loses would approach the Supreme Court ultimately.Meanwhile,let us salute the court for its sagacity to satisfy all views, without vitiating the atmosphere.