O J's Corner : Reflections

Self-financing muddle

The LDF Government in Kerala has been gloating about the turn-around it would fetch to the education sector in the State. Justice, fairness and social equality were being imposed on the education sector at one go, disregarding the prerogative of the minorities.

The attempt was to tame the private educational institutions run by the minorities and to force them to dance to the tune of the Communists.

Where does the government stand now? The main question to be decided in the court of law was the constitutional vires of the new legislation. But the other day, the State Government was pleading before the Supreme Court about the irregularities prevalent in the mode of selection of candidates to professional courses by the minority managements.

The Government had no cogent answer to a salient point raised in the court. The State Government had no objection to the selection of candidates by the managements for the last two years.

In between, the State Education Minister has been proclaiming the big brotherly attitude  saying whatever be the decision of the court, the party would not allow the managements to run the course as they liked.

The Justice P A Mohamed Committee had asked for the records available with the managements to vet the manner of selection of candidates to the management quota. The details have been submitted by the managements to the Supreme Court.

Now the Justice Mohamed Committee would be able to secure the documents only after the apex court released the same. This committee should have disposed of the complaints against irregularities in admission. Time is running out fast.

Without looking into the constitutional validity, the state government has framed the law to rein in the professional courses run by minority communities.

Even before this, there were cases going on in the Supreme Court involving self-financing professional courses. The State Government had not won any case.

The State Government and the private managements had incurred heavy expenditure by way of proceeding with the litigation. Lawyer’s fee is exorbitant at the apex court level. Senior lawyers of the Supreme Court were being retained by private managements and the government at the High Court level incurring heavy  expenses.

Chaos has been prevailing in the professional courses sector as far as students and their parents were concerned.

Constitutional questions were discussed at length in the T M A Pai case, Islamic Academy case and P A Inamdar case at the Supreme Court level.

Afterwards the UDF government had framed a legislation in 2004 which was challenged at the apex court. The High Court had dismissed the petition challenging the verdict that was in favour of the managements. This had again been challenged  in the Supreme Court.

Now the LDF Government’s legislation is under challenge. Moreover, minority institutions are queuing up before the National Minority Commission to get a declaration to the effect that the institutions are minority-run. As the State Government also comes in the picture, it has to argue its case before the Commission. Altogether, the scenario is dismal.

Creative energy is being wasted at various levels to open up settled issues like the prerogative of the minorities. The attempt by the LDF Government to re-define the minority has landed it in a quicksand from which it is difficult for the regime to emerge unscathed.