New Delhi, May 21: The Supreme Court on Monday sought the response from the Centre, Kerala and the Medical Council of India on a medical college plea seeking direction to provide for the option of filling up seats through central counselling. It also asked to quash a Kerala government decision fixing a nativity criterion for admission. A bench, headed by Justice A.M. Khanwilkar, asked the Central and state governments, the MCI and the Commissioner of Entrance Examinations to file their response and posted the matter for May 28. Also Read - Arnab Goswami’s Plea Against Privilege Notice Adjourned for Two weeks by SC

The plea, filed by Kunhitharuvai Memorial Charitable Trust Medical College, sought that private self-financing institutions be enabled to access central counselling and fill up seats from an all-India pool of students from this academic year. It also asked to strike down the Kerala government decision fixing a nativity criterion for admission in Under Graduate and Post Graduate courses, which it said is “discriminatory”. Also Read - Kerala Govt Decides to Bring Out Ordinance to Withdraw Amendment to Kerala Police Act

The institution also said that due to the nativity criteria, it has to “fill its seats through state counselling and is unable to access central counselling which hinges on accessing and admitting an all-India pool of students”. “This nativity criterion is violative of the Constitution’s Article 14 as it is manifestly arbitrary, unreasonable, irrational, discriminatory, and classifies unreasonably,” argued senior advocate Jayant Bhushan and advocate Y. Shiva Santosh, appearing for the medical college, which is an unaided minority institute. Also Read - Kerala CM Pinarayi Vijayan Puts Controversial State Police Act Amendment on Hold

“The reach of private unaided self-financing institutions some of which additionally enjoy the status of a minority institution under Article 30(1) of the Constitution suffers on account of being unable to take the option of centralised counselling and thereby admit                students from an all-India pool, on account of the nativity criterion imposed by the state,” added the plea. Kerala does not financially support the private self-financing institutions in any manner whatsoever and this sort of “nationalising” the seats by restricting the eligible candidates to a state quota and not allowing the colleges to access an all-India pool of students is “unreasonable state action”, it added.

It submitted that every private self-financing institution must have the right to choose its intake from an all-India pool of applications as they function from funds generated from fees alone and do not rely on state funding in any manner.

This is published unedited from IANS