The recent Supreme Court verdict, which laid down certain general guidelines for running self-financing private professional colleges, has been welcomed by the student community, parents, educationists, political parties, and the Kerala government.
However, several private self-financing professional colleges are not happy about it.
While students consider the ban on capitation fees as the most positive aspect of the verdict, private colleges are not so enthused, as they feel that the managements will not only have to forgo capitation fees, but will also have to depend on the mercy of the committee to be constituted for fixing the fee structure.
Chief minister A K Antony is happy because the Apex court verdict has, in effect, upheld his government's stance that merit and management quota seats should be in equal proportions.
Kerala University pro-vice chancellor Dr S Kevin feels that the guidelines given by the court will give the government the power to streamline higher education and make it more representative.
It has also set clear guidelines on admission procedure and fees structure and attaches more importance to merit, he added.
However, it is also feared that there are still many grey areas in the Apex court's verdict, which may open the floodgates of litigation.
One such is with regard to the Apex court entitling each institution to have its own fee structure based on its infrastructure, salary paid to the teaching staff, future expansion plans and development as well as better management.
On the other hand, the Supreme Court has also ordered formation of two committees to decide on admission norms and fee structure.
Industries minister P K Kunhalikutty, who also currently holds charge of education, has assured student leaders that there would be parity in the fees payable by government college students and students chosen from the merit quota in private self-financing colleges.
Therefore, the United Democratic Front government is now expected to bring down the annual tuition fees for the 50 per cent merit quota seats in self-financed professional colleges to that of their government counterparts.
Asserting that the Kerala government's reported move to enforce uniform fees for government and management seats in merit quota will not be acceptable, Self-Financing Engineering College Management Association president G P C Nayar said, "As the Apex court ruling gives the management the power to decide the fee structure, the government has no right to dictate terms regarding the fee structure. If the government continues to pressurise us on the issue, we will be forced to approach the court again."
Emphasising that the Apex court had made merit alone as the criteria for admissions even to the management quota in professional colleges run by the minority communities as well, senior advocate TPK Nambiar said that insistence of merit is a sure way to keep the evil of capitation fee at bay.
However, another advocate P Vijaya Bhanu felt that capitation fee in disguise may appear on the scene, as future expansion plans is one of the criterion for fixing fee.
CPI (M) state secretary P Vijayan said the Supreme Court directive that recognition given to private self-financing colleges that collect capitation fees should be cancelled could be adhered to only if the government remains vigilant.
Meanwhile, the Kerala Vidyabhyasa Samiti has pointed out that a legislation was also necessary if the state government was to abide by the Supreme Court's directive that the recognition and affiliation given to professional colleges are cancelled if they were found to be charging capitation fees or indulging in profiteering.
Giving the management the right to decide the fee structure may pave the way for very high fees said Samiti chairman Prof Ninan Koshy.
The government must ensure that the fee structure is fair and just and that those admitted to private professional colleges from the merit quota were charged only reasonably.
He urged the state government to go in for an appropriate legislation to give effect to the directives of the Supreme Court.
When asked about this, the education minister Kunhalikutty said that the next step with regard to the Apex court verdict and the fees structure would be taken by the Cabinet. The government is still waiting for a copy of the order.
Some of the private professional colleges managements refused to comment saying that they do not have enough details of the Supreme Court judgment.