( 1 ) THE petitioner institution, claiming to be an unaided minority medical college, has filed this petition challenging the constitutional validity of the kerala Self Financing Professional Colleges (Prohibition of Capitation Fees and Procedure for Admission and Fixation of Fees) Act, 2004. Section 3 of the Act lays down procedure for admission into self-financing professional colleges. Sub-section (2) of Section 3 provides that in every self-financing professional college fifty per cent of the total seats in each branch shall be government quota and the remaining fifty per cent shall be management quota. Section 4 deals with fee structure. It, inter alia, provides that notwithstanding anything contained in any law for the time being in force or in any judgment, decree or order of any court or other authority or in any agreement, the fee to be collected from the candidates admitted in the government quota shall be the same as the fee prevailing for the corresponding course in the State Government colleges (Section 4 (l) (a) ). Section 4 (1) (b) stipulates that the fee to be collected from the candidates admitted in the management quota shall be determined by the management taking