Admission row: Karnataka HC asks for a specimen copy of consensual agreement between colleges

A division bench comprising Chief Justice NV Anjaria and Justice KV Aravind sought this in response to a PIL challenging method of admission based on consensual agreements.

Bengaluru: The Karnataka High Court on Monday directed the state government to produce on record a specimen of consensual agreement between the state and the association of management of unaided professional colleges.

A division bench comprising Chief Justice NV Anjaria and Justice KV Aravind sought this in response to a public interest litigation (PIL) challenging the method of admission based on consensual agreements.

The petitioner is Bengaluru-based advocate Ajoy Kumar Patil. He argued that the consensual agreement is entered into under section 4 (A) of the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006. He stated that under the provision, 5% management quota seats are fixed by arriving at a consensual agreement with the association of unaided professional institutions. This makes the total earmarking of 20% seats to be filled by the management ignoring the merit.

The petitioner said the process is violative of the Apex Court judgment in PA Inamdar case and also Article 14 of the constitution of India. The advocate said the agreements are entered into every year with the only change in the fee. He claimed that there is a huge discrepancy between the fee which a merit student gets and the seats under the management/private quota. “In medical seats, if the fee for a merit student is Rs one lakh, it is Rs 44 lakh for these other seats, all on par with NRI seats.  For the next five and a half years, the student will end up paying Rs 2.5 crore,” the advocate said.

“Along with reply, the respondents shall produce on record the specimen agreement which is entered into between the government and the association of managements under section 4 (A) of the Act,” the bench said.