GOVERNMENT OF KERALA

Abstract

HIGHER EDUCATION (G) DEPARTMENT

Read:  1) Judgement dated 14.8.2003 of the Hon,ble Supreme court of India in WP

                 (C) No. 350 of 1993.

2)      D O letter No CJ/20/03 dated 2.9.03 from the Hon’ble Chief Justice, High

                Court of Kerala to the Hon,ble Chief Minister.

O R D E R

Hon’ble Supreme court of India, in its judgement dated 14^th August, 2003, in W P (C) No. 350 of 1993 (Islamic Academy of Education and another versus the State of Karnataka and others). Clarifying the judgement dated 31^st October, 2002 in the T M A Pai Foundation Cases, directed the State Governments to constitute Committees for fixation of fees in unaided private professional colleges and for monitoring and supervising the entrance examinations conducted by the consortium of Private Professional colleges.

2.  According to the Supreme Court’s judgement, there shall be two committees for fee fixation, one each for Technical Institutions and Medical institutions and two Committees for monitoring and supervising the en trance examinations conducted by the consortium of private professional colleges, one each for technical institutions and Medical institutions.  The chairman of these Committees shall be a retired judge of the High Court nominated by the Chief Justice of the High Court of Kerala.

3.  Hon’ble Chief Justice of the High Court of Kerala in his letter read as second paper above has nominated Hon’ble Mr. Justice K T Thomas (retired) former judge of the Supreme Court of India as the Chairman of all the Committees.

4.  Government have examined the matter in detail and are pleased to constitute the committees for fixation of fees in private professional colleges, one each for Technical institutions and Medical institutions, as detailed below:-

Committee for Technical Institutions
1	Hon’ble Mr. Justice K T Thomas (Retd)	Chairman
2	A Chartered Accountant of repute, nominated by the Chairman	Member
3	A representative of the AICTE	Member
4	The Principal Secretary to Government, Higher Education Department	Member Secretary
5	An independent person of repute, whom the Committee is free to nominate / Co-opt	Member
Committee for Medical Institutions
1	Hon’ble Mr. Justice K T Thomas (Retd)	Chairman
2	A Chartered Accountant of repute, nominated by the Chairman	Member
3	A representative of the Medical council of India	Member
4	The Secretary to Government, Health  &  Family Welfare Department	Member Secretary
5	An independent person of repute, whom the Committee is free to nominate / Co-opt	Member

5.  The Chairman of the Committees for fixation of fee for Technical institutions and Medical institutions is authorised to call a joint meeting of the two committees whenever felt necessary to evolve common policy direction and to maintain uniformity in matters relating to different categories pf institutions.

6.  The Government are also pleased to constitute two Committees one each for Technical institutions and Medical institutions for the supervision of Common Entrance Examinations, if any conducted by the consortium of private professional colleges as detailed below:-

Committee for Technical Institutions
1	Hon’ble Mr. Justice K T Thomas (Retd)	Chairman
2	An Engineer of eminence  nominated by the Chairman	Member
3	The Principal Secretary to Government, Higher Education Department	Member
4	An independent person of repute in the field of education whom the committee is free to nominate/Co-opt.	Member Secretary
5	The Vice Chancellor of a University in the State, whom the committee is free to nominate/Co-opt.	Member
Committee for Medical Institutions
1	Hon’ble Mr. Justice K T Thomas (Retd)	Chairman
2	A Doctor of eminence nominated by the Chairman	Member
3	The Secretary to Government, Health  &  Family Welfare Department	Member
4	An independent person of repute in the field of education whom the committee is free to nominate/Co-opt.	Member Secretary
5	The Vice Chancellor of a University in the State, whom the committee is free to nominate/Co-opt.	Member

7.  The chairman of the Committees in authorised to constitute a Joint committee whenever felt necessary.

8.  When joint Committees are constituted the Principal Secretary to Government (Higher Education Department) will not as the Member Secretary of the Joint Committee.

9.  Hon’ble Mr. Justice K T Thomas has intimated that he does not propose to draw any remuneration.  The Members shall also not be entitled for remuneration.  The Chairman and the Members shall be eligible for sitting fee for the meeting of the Committees, or such rates as may be decided by the committee.  They shall also be eligible for traveling allowances for journeys in connection with the work of the Committee.

10.  The Head quarters of the Committee will be at Kottayam.  The term of the Committees constituted above shall be for a period of 3 years.

11.         Sanction is also accorded to provide the following essential staff for the functioning of all the Committees detailed above.

1	Manager	(1)
2	Assistant Manager	(1)
3	Peon	(1)
4	Private Secretary to the Chairman	(1)
5	Peon to the Chairman	(1)

The appointment of the staff will be on contract basis and their remuneration will be decided by the Committee.  The committees shall be free to engage consultants or additional personnel subject to requirements.  The Office shall function under the Supervision of Principal Secretary (Higher Education).

12.  The Principal Secretary, Higher Education will make necessary administrative arrangements including the hiring of office space, provision of necessary infrastructure and engagement of staff.

(BY ORDER OF THE GOVERNOR)

K MOHAN DAS

PRINCIPAL SECRETARY TO GOVERNMENT

To

            Hon’ble Mr. Justice K T Thomas (Retired) Muttambalam, Kottayam
            The Advocate General, Eranakulam
            The Commissioner for Entrance Examinations, Thiruvananthapuram
            Managers of all unaided Self-financing Professional Colleges.
            The Principal Secretary to Government, Higher Education
            The Secretary to Government, Health & Family Welfare Department
            The Accountant General (A&E) / (Audit), Kerala, Thiruvananthapuram
            The District Collector, Kottayam
            The Chairman, All India Council for Technical Education, New Delhi
            The Chairman Medical Council of India, Delhi
            The Director of Medical Education, Thiruvananthapuram
            The Director of Technical Education, Thiruvananthapuram
            The Director of Public Relations.
            The Finance Department
            The Law Department
            The Higher Education (J) Department
            The Health & Family Welfare Department
            Nodal Officers, Government Website (Higher Education)

FORWARDED/BY ORDER

SECTION OFFICER

Copy to :  The Principal Secretary to Chief Minister
                 The PS to Minister (Finance)
                 The PS to Minister (Education)
                 The PS to Minister (Health)
                 Additional Secretary to Chief Secretary to Government
                 PA to Principal Secretary to Government. (Higher Education)
                 PA to Secretary to Government (Health & Family Welfare Department)
                 CA to Joint Secretary  (Higher Education)
                 Under Secretary