TMI Blog1994 (4) TMI 403X X X X Extracts X X X X X X X X Extracts X X X X ..... on which date the questions requiring consideration by this Bench have been reframed to highlight the several aspects of the claims put forward by the petitioners. The claim of being a minority - whether based on religion or language - and the claim of being a minority educational institution put forward by the petitioners cannot be pronounced upon without first ascertaining what the said expressions cannot and signify. Having regard to the importance of the questions involved we consider it appropriate to issue notice to the Attorney General of India as well as the Advocates General for the States. It would, therefore, not be feasible to take up the hearing of these matters before the Court closes for the long vacation. Since the process of selection of candidates for admission for the next academic session is the commence soon, it is necessary to pass an interim order governing admission to the professional courses in minority educational institutions for the next academic session. 2. For admission in the last academic session 1993-94, an interim order in the following terms was made by a Bench comprising Hon'ble the Chief Justice and one of us (Justice B.P. Jeevan Red ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty educational institutions which are in receipt of State funds by way of aid, (3) minority educational institutions in respect of which it is not clear from the averments in the writ petitions whether they are aided or unaided institutions, (4) writ petitions challenging the correctness and applicability of Unni Krishnan filed by educational institutions which do not claim to be minority educational institutions, (5) writ petitions which do not fall in any of the above categories. It was directed that the order dated May 14, 1993, would not apply to educational institutions falling in categories (4) and (5) and the institutions referred to in paragraph 18 of the order dated August 18, 1993. The order dated May 14, 1994, was made applicable to the institutions falling in categories (1), (2) and (3) with the modification that following paragraphs were added in continuation of the said order: (5) In continuation of para (3) it is made further clear that whether any of petitioner-institutions is a MEI or not is a matter for the Government to verify and determine. We do not - more particularly at this stage - made any pronouncement in that behalf. This order shall be applicable only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... test every year. It was also observed that this fact was not disputed by the learned Advocate General for the State of Karnataka. Similarly as regards Writ Petition No. 482 of 1993, it was observed that according to the petitioner in that case the medical college run by it at Vellore in the State of Tamil Nadu is a well-reputed institution, admission to which is made on the basis of All-India entrance test conducted by the petitioner and that the admissions are made on the basis of merit and the fees charged by it is not more than the fees chargeable in similar governmental institutions and that there has never been any complaint about the working of this institution and it was observed that this fact was not disputed by Shri Sitaraman, learned Counsel for the State of Tamil Nadu. In the order dated August 18, 1993, the following directions were given in respect of the institutions covered by the aforesaid Writ Petitions Nos. 248 of 1993 and 482 of 1993: Having regard to the above circumstances, we permit the petitioners in the above two writ petitions to admit students to their colleges on the basis of entrance test conducted by them and on the same basis on which admissions we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat had already elapsed, permitted the private professional colleges to admit non-resident Indians and foreign students upto a maximum extent of 15% of the intake capacity of that year i.e. 1993, with the direction that the basis of the said selection would be as indicated in order dated May 14, 1993 [reported in (1993)4SCC111 ] on the basis of merit leaving to the management of the college concerned to adjudge the merit of these candidates having regard to the relevant factors. It was further made clear that this was a special provision made only for that year. In the aforesaid order dated October 7, 1993, with reference to the minority educational institutions in the State of Kerala (such as those covered by Writ Petition No. 598 of 1993) it has been observed: The system obtaining in Kerala appears to be altogether different which was unfortunately not brought to our notice on August 18, 1993. There are only two private engineering colleges in the State, said to be Minority Educational Institutions. The system obtaining in this State appears to be that the entire fees collected by these private engineering colleges has to be made over to the Government while the Government bea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal institutions falling in categories 1, 2 and 3 indicated in paragraph 5 of the order dated August 18, 1993 admission shall be made in accordance with the directions contained in the order dated May 14, 1993 in Writ Petitions Nos. 350 and 355 of 1993 as modified by order dated August 18, 1993, but the directions would not apply to the institutions referred to in paragraph 18 of the order dated August 18, 1993. In this context, we would like to impress upon the managements of the concerned institutions that while assessing the merit of a candidate for admission the objective should be to promote the excellence of the institution as a vehicle of general secular education. (iv) In so far as non-resident Indians and foreign students are concerned, the permissible limit would be only 5% of the total intake for a given year as per the direction contained in paragraph 6 of the order dated May 14, 1993 as modified by order dated August 18, 1993. The admission against these seats shall be made on the basis of merit but it would be open for the management of the institution to adjudge the merit of the candidates having regard to the relevant factors. 8. The matters be listed fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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