Admission Supervisory Committee Can Take Suo Motu Action Over Self Financing Colleges Admissions: Supreme Court Upholds Kerala HC Judgment

The Supreme Court has held that Admission Supervisory Committee in Kerala has jurisdiction to initiate proceedings suo motu in respect of admissions made by the self-financing colleges.

"We are in agreement with the findings recorded by the High Court on the powers conferred on the Committee including the power of suo motu action that can be taken by the Committee in respect of admissions made by the self-financing colleges", the bench comprising Justices L. Nageswara Rao and Abhay S. Oka said while upholding a judgment of the Kerala High Court.

In this case, Karuna Medical College challenged the powers of the Committee under Sections 4(6) and 4(7) of the Kerala Professional Colleges or Institutions (Prohibition Of Capitation Fee, Regulation Of Admission, Fixation Of Non- Exploitative Fee And Other Measures To Ensure Equity And Excellence in Professional Education) Act. The main contention raised was that the Committee has no jurisdiction to initiate proceedings suo motu and the powers of the Committee relating to admission process can be exercised only on a complaint.

Interpreting Sections 4(6) and 4(7) of the Act, the High Court, in the judgment dated 10.04.2015, observed that the legislature deliberately chose not to curtail or restrict the powers of the Committee. It was held that the supervision and guidance are powers that are conferred on the Committee and they include suo moto jurisdiction of the Committee.  

Assailing this judgment, the College, contended before the Apex Court that that the power conferred on the Committee under Section 4(6) of the Act, though being supervisory, cannot be read in a manner that prior approval has to be sought from the Committee before admissions are made by the self-financing colleges. On the other hand, the state contended that the supervisory power that is conferred on the Committee is very wide in its amplitude and the Committee should have the jurisdiction to supervise the entire process of selection including insisting on prior approval before admissions are made by the private colleges.

"After hearing the learned senior counsel and examining the judgment of the High Court, we are of the considered view that the judgment of the High Court does not warrant any interference. We are in agreement with the findings recorded by the High Court on the powers conferred on the Committee including the power of suo motu action that can be taken by the Committee in respect of admissions made by the self-financing colleges.", the Court held.

Observing thus, the court disposed of the Special Leave Petition granting relief to the students who have prosecuted their studies on the strength of an interim order passed by the Court.

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