KUALA LUMPUR: The Malaysian Association of Private Colleges and Universities and 54 others have been allowed to challenge the Registrar-General of Private Higher Educa-tional Institutions (PHEI) imposing additional conditions for registration of international students.
High Court (Appellate and Special Powers) judge Justice Zakaria Sam granted leave to the 55 applicants after meeting their lawyers David Mathew and Gregory Das in chambers yesterday.
The judge made the order after the Attorney-General’s Chambers did not raise any objection against the application for leave, said Mathew.
“We will file papers for the judicial review and serve it on the A-G within 14 days,” he added.
Among the applicants are the National Association of Private Educational Institutions, Aimst University, Taylor’s College, Unitar International University and Universiti Tun Abdul Razak.
They have named the Registrar-General and Higher Education Minister as respondents.
The applicants want to quash the circular dated Jan 23, issued by the Registrar-General to introduce additional conditions for registration of international students on grounds that it was an unreasonable exercise of power.
They want a declaration that the exercise of discretion by the Registrar-General was procedurally improper as it was undertaken without any consultation with PHEIs in Malaysia.
They are applying for a declaration that the circular, effective on Feb 1, is beyond the powers of the PHEI Act 1996 and the Federal Constitution.
They said the circular provides for the creation of a monopoly for the company called Education Malaysia Global Services (EMGS).
In their application filed on April 30, among others, they said the additional conditions said that all PHEIs were required to use the Student Applications and Registration System that was owned and operated by EMGS.
Upon the submission of an application for an international student pass, it is stated that the PHEIs would be charged a mandatory processing fee of RM1,000 which would be payable directly to EMGS.
Besides that, all PHEIs would be required to submit all applications for international student passes to EMGS three months prior to their expected arrival in Malaysia.
It would also be mandatory for international students to undergo a medical screening at a hospital or clinic that is registered with EMGS within seven working days upon arrival in Malaysia.
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