ORDER : R.C. Lahoti, J. - Heard on the question of grant of interim relief. It is not disputed that the petitioner Institution is an unaided minority medical college and the admissions are made on merit based on All India Common Entrance Test conducted by the petitioner. The learned counsel for the petitioner states that the petitioner College does not charge any capitation fee. The College has 60 seats for MBBS course. Presently the seats are being filled up in the following manner: Seats reserved for minority community 45. Seats kept apart voluntarily by the petitioner Institution for the following categories: 1.Open merit 7. 2.SC/ST 3. 3.Economically disadvantaged 4. 4.Central Government nominee 1. Total 60. 2. The learned counsel for the parties have made their extensive submissions based on the eleven-Judge Bench decision of this Court in T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481 . Our attention has been invited, in particular, to paras 68, 138, 139, 144, 145, 149 and 161 (Question 4 and answer thereto). Prima facie, we are of the opinion that the allotment of seats in an unaided minority institution cannot be controlled by the Government. It is, therefore, directed that for the current year i.e. 2003-2004 the allotment of seats shall be done in the same manner as has been done hitherto i.e. 45 seats shall be reserved for minority community and 15 seats shall be kept apart for the categories ' open merit, SC/ST, economically disadvantaged and Central Government nominees, as has been done before. 3. This is an interim arrangement and shall be subject to final decision in the writ petition. 4. However, all these allotments shall be without violating the rule of merit. Writ Petition (C) No. 275 of 2003 5. Heard on the question of grant of interim relief. The status of the petitioner Trust being unaided minority linguistic community (Telugu- speaking) is not disputed. It is also stated by the learned counsel for the petitioner that till this time 50% seats are allotted to persons belonging to linguistic minority community consistently with the law laid down by this Court in Unnikrishnan P.J. v. State of A.P., (1993) 4 SCC 111 . The petitioner has been conducting several professional courses.
It is also stated by the learned counsel for the petitioner that till this time 50% seats are allotted to persons belonging to linguistic minority community consistently with the law laid down by this Court in Unnikrishnan P.J. v. State of A.P., (1993) 4 SCC 111 . The petitioner has been conducting several professional courses. He further states, under instructions, that the dental and nursing courses are being conducted since 1990 and medical college is to be started from this year for which permission has already been granted by the Government. The learned counsel for the parties have addressed us by reading several paragraphs from the decision of this Court in T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481 . The learned counsel for the petitioner submits that the petitioner is free to admit the students as per its choice uncontrolled by the State Government. Today we have passed an interim order in Writ Petition (C) No. 261 of 2003. Consistently with the view taken therein we deem it appropriate to make the following interim arrangement for allotment of seats for the year 2003-2004. Out of the seats available in dental, medical and paramedical courses of study 75% seats shall remain confined to Telugu-speaking minority community and 25% seats shall be available to be filled up by the State Government consistently with its own policy and subject to such reservation as is prevalent in the State. The allotment shall be from out of the list prepared by the State Government based on the entrance test already conducted by it and in accordance with merit. If for any reason, the seats available to be filled up by the Telugu-speaking minority community are not exhausted for want of availability of qualifying candidates from out of the merit list prepared by the State Government on the basis of the entrance test conducted by it, then the same may be filled up by the petitioner but strictly going by the rule of merit. Writ Petition (C) No. 280 of 2003 6. Perused the office report. Counsel for the petitioner to take steps for completing the service. Dasti service, is also permitted. Counter-affidavit, by the served respondents, may be filed within three weeks from today. List for directions in the matter of interim relief thereafter. Writ Petition (C) No. 289 of 2003 7.
Writ Petition (C) No. 280 of 2003 6. Perused the office report. Counsel for the petitioner to take steps for completing the service. Dasti service, is also permitted. Counter-affidavit, by the served respondents, may be filed within three weeks from today. List for directions in the matter of interim relief thereafter. Writ Petition (C) No. 289 of 2003 7. Issue notice in the petition as also on prayer for interim relief. Mr P.N. Ramalingam, learned counsel appears and accepts notice on behalf of Respondents 1 and 3. Counter-affidavit may be filed within three weeks. Let service on Respondent 2 be effected dasti. 8. List for directions in the matter of interim relief thereafter.