MALAYSIA: Court quashes new private college registration rules
New Straits Times25 May 2013 Issue No:273
KUALA LUMPUR: The Malaysian Association of Private Colleges and Universities and 54 others yesterday obtained the green light from the High Court to quash a circular in relation to the new registration system of international students in local private institutions.
Judge Datuk Seri Zakaria Sam granted leave for a judicial review to the applicants after the leave application was not objected to by the Attorney-General's Chambers.
Besides the Malaysian Association of Private Colleges and Universities, the National Association of Private Educational Institutions, Aimst University and 52 other private institutions are the applicants in the leave application filed on April 30.
They named the Registrar General of Private Higher Educational Institutions and Higher Education Ministry as respondents.
In their affidavit in support, the applicants claimed that the registrar general had issued the circular on Jan 23 to all private institutions to introduce additional conditions for the students' registration.
The additional conditions include that all private institutions were required to use a new system called the Students Application and Registration System (Stars) to submit application for international student passes on behalf of the student.
They also claimed that the institutions would be required to pay a mandatory processing fee of RM1,000 to a government linked company, Educational Malaysia Global Services (EMGS), upon the submission of an application on the Stars system.
"The other fees which the private institutions would be required to pay are the medical screening fee of RM250 and the fee for the medical insurance policy selected by the student.
"The fees would be payable to EMGS directly."
They further claimed that they have incurred high additional costs as a result of the new conditions.
"The changes introduced by the circular has made the entire process more bureaucratic," they said.
The applicants are seeking, among others, a court declaration that the circular is ultra vires the Private Higher Educational Institutions Act 1996 and the Federal Constitution.
Zakaria yesterday ordered the applicants to file their judicial review application within 14 days.