TaxTMI 
TaxTMI 
1994 (4) TMI 403
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....of the matters was, therefore, adjourned to March 18, 1994, 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'....
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....egorised 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 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 particu....
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....he reputation of these institutions, thousands of students apply for and appear in the entrance 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....
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....tting 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 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 co....