Friday, May 13, 2011

Non-minority institutions can't admit students of their choice - SC

New Delhi: The Supreme Court in a ruling on Thursday declared that
non-minority educational institutions have no right to admit students
of their choice.

The court also decided to strike down the 100% reservation for
children of armed forces at the Army College of Medical Sciences
(ACMS) in the Delhi Cantonment.

The bench that made the ruling comprised of Justices B. Sudershan
Reddy and S.S. Nijjar. They said that giving the right to non-minority
educational institutions to admit students of their choice would be
detrimental to the true nature of education as an occupation.

They further stated that this would also damage the environment in
which students are taught the lessons of life and imparted knowledge.

The Supreme Court bench also allowed the petitions filed by the Indian
Medical Association and students who had voiced their disapproval with
admission process of ACMS that was approved by the Delhi government.

The ACMS admits only wards of serving and former Army personnel who
have appeared for the common entrance test for NCT Delhi.

The medical college is a private institution that was established in
2008 and is managed by the Army Welfare Education Society. The
institute was allotted 25 acres of land by the ministry of defense.

Even though ACMS is a private institute, it was allowed to use the
facilities of the Army Hospital in Delhi for providing clinical and
practical training to its medical students.

Justice Reddy wrote the 165-page judgment for the Bench and said that
the denial of access to higher education to socially and educationally
backward classes, scheduled castes and scheduled tribes would be
potentially dangerous for the country.

He further added that education is one of the principal human
activities to establish a humanized order in the nation. He stated
that the ontological specification of education was simply that every
individual in every group is worthy of being educated.

"The notification of the Delhi government dated August 14, 2008 that
permits ACMS to allot 100% seats in the medical colleges to children
of army personnel in accordance with the policy followed by the Indian
Army is unconstitutional. The same is accordingly set aside," the
bench said.

The ACMS was asked by the Supreme Court to admit the petitioning
student to the first year of its MBBS course.

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