Judgements

Attention Is Invited For The Far Reaching Effect Of The Supreme Court … on 16 August, 2005

Lok Sabha Debates
Attention Is Invited For The Far Reaching Effect Of The Supreme Court … on 16 August, 2005


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Title : Attention is invited for the far reaching effect of the supreme court ruling regarding reservation in self financing professional colleges and requested the government to bring a legislation in this regard.

 

SHRI VARKALA RADHAKRISHNAN (CHIRAYINKIL):   Sir, I wish to raise a very important national issue for the attention of the entire nation. 

A seven judges Bench of the Supreme Court has given a ruling the other day that there can be no quota or no reservation in self-financing professional colleges either run by minority community or majority community.  Now this decision is to have far-reaching effect in the sense that the poor students belonging to backward communities, the SCs and the STs will not get admission in private professional colleges.  This is a very serious issue. At the same time, it may be noticed that a eleven judges Bench of the Supreme Court has given a decision which is also harming but not so much harming.    Now, overruling the decision of the eleven judges Bench, the seven judges Bench of the Supreme Court has taken a new decision which is very harmful to the entire student community and at the same time, it is a blot on our educational system.    The entire professional education will now be left in the hands of the private agencies. We cannot tolerate this.  So, I would request the Central Government to go ahead with the new legislation because education is a concurrent subject[bru88] .

            The States as well as the Centre can legislate in this field.  So, I would request the Central Government to bring in a legislation to tide over the situation brought about by the Supreme Court judgement.  It is highly essential in the present set-up. Moreover, I would request the Central Government to make amendments to the draft Central legislation which is now before the Government. I would say that it is defective in many ways.  It has to be remedied.  So, a new legislation covering all these aspects should be brought to tide over the Supreme Court ruling.  It is an imperative duty of the Central Government to bring in a new legislation.  Otherwise, the entire educational system will be in danger.  The system of higher education also will be in danger.  It is against all modern tenets and principles enjoyed in the field of education.  I do not know whether the Supreme Court is influenced by the globalisation culture.    The Supreme Court is coming out such judgements despite such conditions available in the country. 

            With these words, I once again request the Central Government to bring in a new legislation.