SCR 649 1993 4 SCC 112 1993 4 JT 584 1993 3 SCALE The Order of the Court is as follows Several writ petitions questioning the applicability of the scheme framed by this Court in Unni Krishnan, J.P. v. State of A.P. 1993 1 SCC 645 as also the applicability of the rules and orders made by several State Governments in pursuance of and on the basis of the said decision are placed before us.
350 and 355 of 1993 Ed.
Issue rule 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.
Counsel for the petitioners in Writ Petition Nos.
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 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.
350 and 355 of 1993 agreed to the following order being made and accordingly it was made Writ Petition Nos.
However, the selection shall be made strictly on the basis of merit among the candidates seeking admission to the institutions.
It is then that the petitioners have approached this Court by way of these writ petitions Some of the writ petitions out of those placed before us had companye up before a Bench companyprising the Honble the Chief Justice and one of us B.P. Jeevan Reddy, J. on May 14, 1993.
The respective Governments ignored the said protest and called upon the petitioners to abide by the said decision and rules and orders made pursuant thereto.
It is optional for the petitioners to adopt any one of these three modes and apply it uniformally.
We have heard Shri Soli J. Sorabjee, learned senior companynsel for the petitioners in these two writ petitions.
1993 1 Suppl.
Such merit shall be determined on 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.
Cause title Islamic Academy of Education, Mangalore and Others S. Venkatesha Education Scy.
and Another and Sri Adichuchanagiri Maha Sansthana Math and Others v. State of Karnataka and Others1.
In some of the writ petitions rule nisi has already been issued, while some others are fresh matters.
Many of the petitioners institutions raised an objection that since they are MEIs, the said decision or the rules and orders made pursuant thereto do number apply to them.
