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1997 DIGILAW 15 (SC)

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

1997-01-07

A.M.AHMADI, K.RAMASWAMY, K.T.THOMAS, K.VENKATASWAMI, M.M.PUNCHHI, S.P.BHARUCHA, S.SAGHIR AHMAD

body1997
JUDGMENT : 1. On 18.3.94 a Seven-Judge Bench of this Court after hearing counsel for the parties reframed the questions arising for consideration, as reported in paragraph 6 of TMA Pai Foundation and Ors. v. State of Karnataka and Ors. (1995)5 SCC 220 . Insofar as Question No.5 is concerned, counsel are agreed that it may be recast and refrained as under: "(5) whether the ratio laid down by this Court in St. Stephen's case (St. Stephen's College v. University of Delhi, (1992)1 SCC 558 ) is correct. If no, what order?" Questions No.5 will stand so refrained. 2. So far as Question No.3 is concerned, counsel are agreed that it may be recast by deleting the first sentence and the rest of it may stay as it is subject to the contention of any party that it does not arise for consideration. 3. All the learned counsel are agreed that Question No.7 does not arise for consideration and it needs to be deleted. We, therefore, direct that Question No.7 as framed by the Seven-Judge Bench on 18.3.94 will stand deleted but a new Question No.7 will be added as under: (7) Whether the decision of this Court in Unni Krishnan, J.P. v. State of A.P. (1993)1 SCC 645 (except where it holds that primary education is a fundamental right) and the scheme framed thereunder requires reconsideration/modification and if yes, what? 4. Dr. Dhavan, the learned counsel, drew our attention to an order made by a Two-Judge Bench on 26.9.81 in writ Petition Nos. 54-57/81 observing that the decision of this Court in S. Azeez Basha and Anr. v. Union of India (1968) 1 SCR 833 needs reconsideration. We feel that a separate question need not be raised as that would be covered under Question No.2. 5. After hearing counsel at some length on the recast questions, we direct that counsel should file their brief written submissions within a week's time. That should be done by counsel on behalf of Union of India and the respective States and Institutions also, who are represented before us. The time limit should be strictly adhered to. After the written submissions are filed within a week's time, the matters will be taken up for directions as to hearing by the Chief Justice's Court. 6. List these matters on next Tuesday, i.e., 14.1.97, before Court No.1 for directions.