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2002 DIGILAW 495 (SC)

T. M. A. PAl FOUNDATIONS v. State of Karnataka

2002-04-03

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ORDER After hearing the learned counsel for the parties for some time, we reframe the following questions which arise for consideration in these cases: 1. What is the meaning and content of the expression "minorities" in Article 30 of the Constitution of India? 2. (a) Whether the minoritys right to establish and administer educational institutions of their choice will include the procedure and method of admission and selection of students? 2. (b) Whether the minority institutions right to lay down procedure and method of admission, if any, would be affected in any way by the receipt of State aid? 3. (a) Where can a minority institution be operationally located? Where a religious or linguistic minority in State A’ establishes an educational institution in the said State, can such educational institution grant preferential admission/reservations and other benefits to members of the religious/linguistic group from other States where they are no minorities? 3. (b) Whether it would be correct to say that only the members that minority residing in State A’ will be treated as the members of minority vis-a-vis such institution? 4. Whether the members of a linguistic non-minority in one State establish a trust/society in another State and claim minority status in State? 5. What are the indicia for treating an educational institution as minority educational institution? Would an institution be regarded minority educational institution because it was established by a person belonging to a religious or linguistic minority or its being administered by a person(s) belonging to a religious or linguistic minority? 6. Whether the admission of students to a minority education institution, whether aided or unaided, can be regulated by the Government or by the university to which the institution is affiliated? 7. Whether the ratio laid down by this Court in St. Stephens case(St. Stephens College v. University of Delhi1) is correct? If no, what order 8. What is meant by the expression "religion" in Article 30(1)? the followers of a sect or denomination of a particular religion protection under Article 30(1) on the basis that they constitute a min in the State even though the followers of that religion are in majority that State? 9. Whether the decision of this Court in Unni Krishnan, J.P. v. of A.p2 (except where it holds that primary education is a fundamental right) and the scheme framed thereunder require reconsideration modification and if yes, what?