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Supreme Court of India · body

1994 DIGILAW 1155 (SC)

T. M. A. Pal Foundation v. State of Karnataka

1994-10-17

B.P.JEEVAN REDDY, KULDIP SINGH, S.C.AGRAWAL

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JUDGMENT : 1. We have heard learned counsel for the State of Tamil Nadu and learned counsel appearing for some of the respondents. We issue the following general directions/orders in respect of the Educational Institutions which have been impleaded as respondents in the above I.A. (i) We have been informed that some of the respondents-institutions are operating as minority institutions on the strength of various orders/decrees obtained from Order dated October 17, 1994 in I.A. No. 20 in WP (C) No. 317/93. the Civil Courts. We pass hereby a general order staying the operation of all the decrees/orders which may have been given by any Civil Court in respect of the minority status or otherwise of any of the institutions which have been arrayed as respondents in this I.A. All the respondents- institutions shall be treated as non-minority institutions till they comply with the direction given by us at SI. No. 2; (ii) The Educational Institutions claiming minority status should approach the State Government and till the State Government issues an order declaring the Institution to be a minority institution, it cannot operate as such; (iii) We further direct the respondents-institutions to admit all the students who have been directed to be admitted in the said institutions by the State Government. This direction shall be applicable to both in respect of free seats as well as the payment seats; (iv) We further make it clear that 10% seats permissible against the NRIs quota are to be counted against 50% payment quota and not in addition to it; (v) We make it clear that the above directions are only clarificatory of the various orders which this Court has been passing from time to time. These directions shall be applicable to all the admissions which have already taken place or likely to take place for the academic year 1994-95: (vi) All the students who have been admitted in violation of the above directions of this Court, shall not be permitted by the concerned University to take the University examination. I.A. No. 20 is disposed of. Maharashtra matter 2. On October 3, 1994, we issued notice to the State of Maharashtra returnable for today. Mr. V.R. Reddy, ASG appears for the State of Maharashtra. He may file his counter to the notice within this week. 3. To come up on 24-10-94 at 2,00 p.m.