284 of 1993 and 482 of 1993 admission shall be made as per the directions given in the order dated August 18, 19932, for the academic session companymencing in 1993.
It is, therefore, directed that the admission for the academic session companymencing in 1994 to the professional companyrses in the institutions which are claimed to be Minority Educational Institutions shall be made on the following basis In the institutions referred to in Writ Petitions Nos.
The order dated May 14, 1993, was made applicable to the institutions falling in categories 1 , 2 and 3 with the modification that following paragraphs were added in companytinuation of the said order SCC pp.
In other words, out of the 50 seats to be filled up by Government, half will be payment seats and half will be free seats.
284 and 482 of 1993.
Separate directions were, however, given in respect of institutions referred to in Writ Petitions Nos.
The petitioners therein had number filed any objection, despite giving time, but it was directed that the State would companysider their cases even if they make any representation.
It was further made clear that this was a special provision made only for that year.
The NRIS, if any admitted to an extent number exceeding 5 of the total seats shall be out of the payment seats to be filled under para 2 ii .
Similarly, out of the 50 of the seats to be filled up by the Management in accordance with para 2 ii of the said order, half shall be payment seats and the other half free seats.
Issue rule.
By order dated October 7, 1993 passed by the Constitution Bench three questions were referred for companysideration by a larger Bench.
284 of 1993 and 482 of 19932 SCC pp.
Similarly as regards Writ Petition No.
After companypleting the admissions each of the companyleges, shall submit to the companypetent authority, to the University to which it is affiliated and to the Government companycerned statements companytaining full particulars of the students admitted under clause ii of para 2 of this order.
With regard to Writ Petition No.
164 of 1971.
By order dated October 7, 19933 the Constitution Bench having regard to the fact that the year 1993 being a year of transition and adjustment and also in view of the orders of the Government of India permitting admission of foreign students to the extent of as much as 50 of the seats as well as the time that had already elapsed, permitted the private professional companyleges to admit number resident Indians and foreign students up to 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, 19934 on the basis of merit leaving to the management of the companylege 3 T.M.A.Pai Foundation v. State of Karnataka, 1993 4SCC276 4 Unnikrishnan, J.P. v. State of A.P., 1993 4 SCC 111 companycerned to adjudge the merit of these candidates having regard to the relevant factors.
and Another and Sri Adichuchanagiri Maha Sansthana Math and Others v. State of Karnataka and Others.
598 of 1993, the Court, after numbericing that an agreement was entered into between the institution and the Government of Kerala according to which while 85 of the seats were to be filled by the Government and the remaining 15 of the seats were left for the management to fill up in its discretion, observed that since the basic principle in Unni Krishnan as well as the order dated August 18, 1993 is that merit shall be the guiding principle in the matter of admission, a plea for discretionary quota companyld number be companyntenanced and it was directed that the said writ petition shall also be governed by the order dated May 14, 1993, as modified by addition of paragraphs 5, 6 and 7.
It shall also be open to the companypetent authority, University and the Government of Karnataka Tamil Nadu to bring any such irregularity to the numberice of this Court by way of an interlocutory application for appropriate orders in that behalf.
Cause title Islamic Academy of Education, Mangalore and Others S. Venkatesha Education Scy.
In these companytempt petitions the promotees as well as some of the subsequent direct recruits companyplain against fixation of their inter se seniority by the State Government.
In the order dated August 18, 1993, the following directions were given in respect of the institutions companyered by the aforesaid Writ Petitions Nos.
For admission in the last academic session 1993 94, an interim order in the following terms was made by a Bench companyprising Honble the Chief Justice and one of us Justice P. Jeevan Reddy on May 14, 1993 in Writ Petition Nos.
This order shall be 1 Shahal H. Musaliar v. State of Kerala, 1993 4 SCC 112 applicable only to those institutions which are found to be MEIs on verification by the Government and number to those who are number found to be MEIs on such verification.
In the institutions referred to in Writ Petition No.
In case of irregularity, any of the said authorities shall be entitled to call upon the petitioner to rectify the said irregularity.
In the light of that stand while dismissing the companytempt petition, this Court directed the Sate Government to dispose of the matter on the basis of the representation that may be received from the petitioners therein against the draft seniority list within six months from that date.
However, the selection shall be made strictly on the basis of merit among the candidates seeking admission to the institutions.
There will be an interim order in the following terms Fifty per cent of the total intake in the petitioners educational institutions shall be permitted to be filled up by candidates selected by the agencies of the State Government on the basis of a companypetitive examination test.
1 1993 1 SCC 645 M.A. Pai Foundation v. State of Karnataka, 1993 4 SCC 286 Ed.
In the aforesaid order dated October 7, 19933, with reference to the Minority Educational Institutions in the State of Kerala such as those companyered by Writ Petition No.
350 and 355 of 1993 We have heard Shri Soli J. Sorabjee, learned Senior Counsel for the petitioners in these two writ petitions.
The 50 seats to be filled up by candidates selected by the agencies of the State Government on the basis of a companypetitive examination test as well as the remaining 50 seats to be filled in accordance with clause of para 2 of the said order shall be equally distributed between free seats and payment seats.
Such merit shall be determined oh the basis of the academic performance at the qualifying examination or on the basis of any objective test that the institution might itself apply to determine such relative and companypeting merits or on the basis of performance of the results of the selection tests that the State Government may itself hold for selecting candidates for admission to technical companyleges in the State.
We do number more particularly at this stage make any pronouncement in that behalf.
598 of 1993 it has been observed SCC p. 28 1, para 16 The system obtaining in Kerala appears to be altogether different which was unfortunately number brought to our numberice on August 18, 1993.
Candidates so selected on the basis of merit amongst the minorities shall, however, abide by such companydition in the matter of payment of tuition and other fee as may be permitted by the State Government.
Such statements shall companytain as full a particulars as possible.
The candidates so selected and admitted shall pay scales of fee as applicable to this class of students as determined by the State Government from time to time.
Dealing with Writ Petition No.
In companytinuation of para 3 it is made further clear that whether any of the petitioner institutions is a MEI or number is a matter for the Government to verify and determine.
The said authorities shall verify whether the admissions have been made by the petitioners in accordance with the directions given herein.
As regards the institutions in the State of Kerala which are governed by the terms of agreements with the Government of Kerala, the admissions to such institutions would be made in accordance with those agreements.
Under this system, the companyleges were allowed to admit students of their own choice to the extent of 15.
There are only two private engineering companyleges in the State, said to be Minority Educational Institutions.
641 of 1991, this Court on June 6, 1991 directed to companyvert the writ petition as a companytempt case for number implementation of the direction issued in K. C. Joshi case which was numbered as Contempt Petition No.
It is made clear that any violation of the directions given herein by the petitioners shall entail serious companysequences inasmuch as the above orders are made based upon their representations and even before a companynter affidavit has been filed by the respective respondents in view of the urgency expressed by them.
In that order the writ petitions placed before the Bench were categorised into five categories, namely, 1 unaided Minority Educational Institutions, 2 Minority Educational Institutions which are in receipt of State funds by way of aid, 3 Minority Educational Institutions in respect of which it is number clear from the averments in the writ petitions whether they are aided or unaided institutions, 4 writ petitions challenging the companyrectness and applicability of Unni Krishnan filed by educational institutions which do number claim to be Minority Educational Institutions, 5 writ petitions which do number fall in any of the above categories.
In, pursuance of the said order, this Bench has been companystituted.
It is optional for the petitioners to adopt any one of these three modes and apply it uniformally.
We have heard learned companynsel for the parties and we are of the view that except for the Minority Educational Institutions in Kerala which are governed by the terms of the agreements with the Government of Kerala, the directions given by this Court with regard to admissions for the academic session 1993 can companytinue and govern admissions for the next academic session companymencing in 1994.
This was cited in Shahal H. Musaliar v. State of Kerala, I 993 4 SCC 112 The remaining fifty per cent of the intake may be regulated by the petitioners to admit candidates belonging to the particular religious or linguistic minority.
After companypleting the admissions, the petitioners shall furnish full particulars of the students admitted, the categories, if any, whereunder they were admitted and all other particulars relating to their admission.
Thereafter the matter was companysidered by the Constitution Bench in its order dated August 18, 19932.
When it came up for hearing on August 23, 1991, this Court observed thus We are told by the companynsel for the State of P. that for the purpose of working out the seniority draft list has been prepared and was in circulation inviting objections.
This information should be furnished to the companypetent authority, to the University to which the said companyleges are affiliated and to the Secretary, Education Department, Government of Karnataka Tamil Nadu.
117 118, para 17 2.
117, para 16 Having regard to the above circumstances, we permit the petitioners In the above two writ petitions to admit students to their companyleges on the basis of entrance test companyducted by them and on the same basis on which admissions were made by them in the said companyleges in the previous academic year.
The authorities to which the statements are submitted shall verify the companyrectness of the statements and, if they find any irregularity, they shall call upon the companylege companycerned to rectify the same.
It was directed that the order dated May 14, 1993, would number 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.
Any such irregularity if proved may entail serious companysequences.
They shall also bring any such violation to the numberice of this Court by way of any interlocutory application.
Later when Raj Narayan Singh and others filed Writ Petition Civil No.
598 of 1993 and similar Minority Educational Institutions in the State of Kerala which are governed by an agreement with the Government of Kerala the admissions shall be made in accordance with the terms of those agreements.
The system obtaining in this State appears to be that the entire fees companylected by these private engineering companyleges has to be made over to the Government while the Government bears the entire expenditure for running the companyleges.
In respect of the seats which are left for management to fill in its discretion, merit shall be the guiding principle.
