ORDER 1. THE QUESTION THAT HAS BEEN RAISED IN THIS WRIT PETITION IS THE INTERPRETATION OF THIS COURTS DECISION IN ISLAMIC ACADEMY OF EDUCATION1. ACCORDING TO THE PETITIONER, PARA 17 OF THE SAID JUDGMENT RESERVES THE RIGHTS OF THE INSTITUTION LIKE THE PETITIONER, TO HOLD THEIR OWN ADMISSION PROCEDURE FOR ADMISSION OF ALL STUDENTS. PARA 17 READS AS UNDER: (SCC P. 729) "17. AT THIS JUNCTURE IT IS BROUGHT TO OUR NOTICE THAT SEVERAL INSTITUTIONS, HAVE SINCE LONG, HAD THEIR OWN ADMISSION PROCEDURE AND THAT EVEN THOUGH THEY HAVE BEEN ADMITTING ONLY STUDENTS OF THEIR OWN COMMUNITY NO FINGER HAS EVER BEEN RAISED AGAINST THEM AND NO COMPLAINTS HAVE BEEN MADE REGARDING FAIRNESS OR TRANSPARENCY OF THE ADMISSION PROCEDURE ADOPTED BY THEM. THESE INSTITUTIONS SUBMIT THAT THEY HAVE SPECIAL FEATURES AND THAT THEY STAND ON A DIFFERENT FOOTING FROM OTHER MINORITY NON-AIDED PROFESSIONAL INSTITUTIONS. IT IS SUBMITTED THAT THEIR CASES ARE NOT BASED ONLY ON THE RIGHT FLOWING FROM ARTICLE 30(1) BUT IN ADDITION THEY HAVE SOME SPECIAL FEATURES WHICH REQUIRE THAT THEY BE PERMITTED TO ADMIT IN THE MANNER THEY HAVE BEEN DOING FOR ALL THESE YEARS. A REFERENCE IS MADE TO FEW SUCH INSTITUTIONS I.E. CHRISTIAN MEDICAL COLLEGE, VELLORE, ST. JOHNS HOSPITAL, ISLAMIC ACADEMY OF EDUCATION ETC. THE CLAIM OF THESE INSTITUTIONS WAS DISPUTED. HOWEVER, WE DO NOT THINK IT NECESSARY TO GO INTO THOSE QUESTIONS. WE LEAVE IT OPEN TO THE INSTITUTIONS WHICH HAVE BEEN ESTABLISHED AND WHO HAVE HAD THEIR OWN ADMISSION PROCEDURE FOR, AT LEAST, THE LAST 25 YEARS TO APPLY TO THE COMMITTEE SET OUT HEREINAFTER." 2. THE STATE HAS SUBMITTED THAT PARA 17 SHOULD BE READ SUBJECT TO PARA 19 OF THE JUDGMENT WHICH PROVIDES FOR SETTING UP OF THE PERMANENT COMMITTEE (I) TO ENSURE THE CONDUCT OF ENTRANCE TESTS BY THE ASSOCIATION OF COLLEGES FAIRLY AND TRANSPARENTLY, (II) TO OVERSEE THE TEST CONDUCTED BY THE ASSOCIATION AND (III) TO EMPOWER AN INSTITUTION WHICH HAS BEEN ESTABLISHED AND HAS BEEN PERMITTED TO ADOPT ITS OWN ADMISSION PROCEDURE FOR THE LAST "AT LEAST 25 YEARS", TO ADOPT ITS OWN ADMISSION PROCEDURE. IF THE COMMITTEE WAS SATISFIED THAT THE NEEDS OF THE INSTITUTIONS WERE GENUINE, THE COMMITTEE WAS EMPOWERED TO ADMIT STUDENTS OF THEIR OWN COMMUNITY IN EXCESS OF THE QUOTA ALLOWED TO THEM BY THE STATE GOVERNMENT. IF THE COMMITTEE WAS SATISFIED THAT THE NEEDS OF THE INSTITUTIONS WERE GENUINE, THE COMMITTEE WAS EMPOWERED TO ADMIT STUDENTS OF THEIR OWN COMMUNITY IN EXCESS OF THE QUOTA ALLOWED TO THEM BY THE STATE GOVERNMENT. BEFORE GRANTING SUCH EXEMPTION OR VARYING PERCENTAGE OF QUOTA FIXED BY THE STATE, THE STATE GOVERNMENT WAS REQUIRED TO BE HEARD. 3. THERE APPEARS TO BE AN OBVIOUS CONFLICT BETWEEN PARA 17 AND PARA 19 FOR THE TIME BEING, WE PREFER TO ADOPT THE REASONING IN PARA 17 WHICH ALLOWS A MINORITY PROFESSIONAL INSTITUTION WHICH HAS BEEN CARRYING ON THE SAME PROCEDURE FOR THE LAST MORE THAN 25 YEARS TO ADOPT ITS OWN PROCEDURE FOR ADMISSION IN RESPECT OF ITS INSTITUTION. 4. ON 11-3-2004, THE PETITIONER HAD APPROACHED THE COMMITTEE, SET UP BY THE STATE, WITH AN APPLICATION IN WHICH IT CLAIMED PERMISSION TO FOLLOW ITS OWN ADMISSION PROCEDURE COMPRISING OF AN ENTRANCE EXAMINATION AND INTERVIEW AND ADMIT ALL THE STUDENTS BY THIS PROCEDURE FOR ITS MBBS, PG AND NURSING COURSES 2004-2005 AND THEREAFTER. THE COMMITTEE PASSED AN ORDER ON 14-4-2004 AFTER HEARING THE ADVOCATE GENERAL APPEARING ON BEHALF OF THE STATE. THE COMMITTEE PERMITTED THE PETITIONER TO FOLLOW THE SAME PROCEDURE FOR ADMISSION AS IT HAD BEEN CONDUCTING DURING THE PAST 40 YEARS TO FILL UP THE MANAGEMENT QUOTA SEATS ALLOTTED OR TO BE ALLOTTED TO THEM SUBJECT TO CERTAIN CONDITIONS WHICH ARE NOT RELEVANT FOR THE PRESENT PURPOSES. WHILE THE MATTER WAS PENDING BEFORE THE COMMITTEE, ON 12-5-2004 THE STATE OF KARNATAKA ISSUED RULES IN CONNECTION WITH THE ADMISSION TO ENGINEERING/MEDICAL/DENTAL AND INDIAN SYSTEM OF MEDICINES AND HOMEOPATHIC COURSES. RULE 12 SUB-RULE (1) PROVIDES THAT THE SEATS WOULD BE SHARED BETWEEN THE GOVERNMENT AND MANAGEMENT IN SUCH PROPORTION AS WOULD BE SUBSEQUENTLY NOTIFIED. A NOTIFICATION WAS ISSUED ON 11-6-2004 FIXING THE PERCENTAGE FOR ALL UNAIDED MINORITY PROFESSIONAL AND MEDICAL AND DENTAL COLLEGES AT 50:50 AND UNAIDED NON-MINORITY INSTITUTIONS AT 75:25. BY A THIRD NOTIFICATION THE PETITIONER INSTITUTION WAS CLASSIFIED AS A NON-MINORITY INSTITUTION AS A RESULT OF WHICH THE E RATIO FOR ADMISSION BY THE MANAGEMENT AND THE GOVERNMENT TO SEATS IN ITS INSTITUTION WAS 25:75. THE COMMITTEE BY ITS ORDER DATED 15-7-2004 WAS OF THE VIEW THAT THE PETITIONER COULD NOT BE TREATED AS A NON-MINORITY INSTITUTION. BY A THIRD NOTIFICATION THE PETITIONER INSTITUTION WAS CLASSIFIED AS A NON-MINORITY INSTITUTION AS A RESULT OF WHICH THE E RATIO FOR ADMISSION BY THE MANAGEMENT AND THE GOVERNMENT TO SEATS IN ITS INSTITUTION WAS 25:75. THE COMMITTEE BY ITS ORDER DATED 15-7-2004 WAS OF THE VIEW THAT THE PETITIONER COULD NOT BE TREATED AS A NON-MINORITY INSTITUTION. THEREFORE, SINCE THE GOVERNMENT HAD FIXED THE QUOTA FOR UNAIDED MINORITY INSTITUTION AT 50:50, AS AN INTERIM MEASURE, THE PETITIONER WAS DIRECTED NOT TO ADMIT STUDENTS TO MORE THAN 50% OF THE SEATS AVAILABLE WITH IT. IN VIEW OF THE URGENCY, THE GOVERNMENT WAS DIRECTED TO FILE ITS OBJECTIONS BY 15-7-2004. THE GOVERNMENT DID NOT COMPLY. THE MATTER WAS FURTHER ADJOURNED BY THE COMMITTEE TO 26-7-2004. THE GOVERNMENT DID NOT FILE ITS OBJECTIONS. SINCE THE PERIOD FIXED FOR ADMISSION TO MEDICAL COLLEGES WAS EXPIRING ON 30-72004, THIS WRIT PETITION WAS FILED AND HEARD BY US ON AN URGENT BASIS. NOTICE WAS GIVEN TO THE STATE. THE STATE HAS TODAY FILED ITS COUNTER-AFFIDAVIT WHICH IS G TAKEN ON BOARD. 5. FOR THE REASONS ALREADY EXPRESSED BY US, WE ARE PRIMA FACIE OF THE VIEW THAT THE FIXATION OF QUOTA IRRESPECTIVE OF THE NEEDS OF A PARTICULAR INSTITUTION APPEARS TO BE WRONG. BESIDES THE PETITIONER HAS BEEN CARRYING ON THE SAME PROCEDURE FOR OVER 40 YEARS. IT HAS, DURING THE PERIOD BEEN H ADMITTING ALL STUDENTS AND HAS GRANTED ADMISSION TO MINORITY AND NON- MINORITY STUDENTS AT PERCENTAGES APPROXIMATELY RANGING BETWEEN 75-90 OF ITS MINORITY (VIZ. CHRISTIANS) AND THE BALANCE OF NON-MINORITY STUDENTS. IT IS NOT IN DISPUTE, AND THE COMMITTEE HAS SO FOUND, THAT THE PROCESS OF ADMISSION FOLLOWED BY THE PETITIONER IS FAIR AND TRANSPARENT AND ALSO THAT THE PETITIONER IS AN INSTITUTE OF EXCELLENCE. IN THESE CIRCUMSTANCES, WE ARE OF THE VIEW THAT AS AN INTERIM MEASURE THE PETITIONER SHOULD BE PERMITTED TO FOLLOW THE SAME PROCEDURE FOR THE CURRENT ACADEMIC SESSION. 6. THE FACT THAT THE PETITIONER, ON AN EARLIER WRIT PETITION FILED BEFORE THIS COURT FOR THE ACADEMIC SESSION 2003-2004 WAS PERMITTED ONLY TO FILL UP THE SEATS AT 50:50, IN OUR VIEW DOES NOT PRECLUDE THIS COURT FROM PASSING THIS ORDER TODAY HAVING REGARD TO SUBSEQUENT PROCEEDINGS BEFORE THE COMMITTEE AND THE UNDISPUTED FACTS. ACCORDING TO THE PETITIONER ALL STUDENTS ADMITTED TO THEIR INSTITUTIONS MAY BE REQUIRED TO SERVE IN THE RURAL AREAS. ACCORDING TO THE PETITIONER ALL STUDENTS ADMITTED TO THEIR INSTITUTIONS MAY BE REQUIRED TO SERVE IN THE RURAL AREAS. BUT OF THOSE STUDENTS WHO HAD BEEN ADMITTED AGAINST THE 50% STATE QUOTA IN THE PREVIOUS ACADEMIC SESSION SOME HAVE CHALLENGED THIS REQUIREMENT AND HAVE FILED A WRIT PETITION WHICH IS AT PRESENT PENDING IN THE HIGH COURT. IT IS SUBMITTED BY THE PETITIONER THAT THIS IS CONTRARY TO THE IDEALS WITH WHICH THE PETITIONER INSTITUTION WAS SET UP IN THE FIRST INSTANCE BY A RELIGIOUS BODY AND HIGHLIGHTS THE KIND OF PROBLEM THAT MAY BE FACED UNLESS THE PETITIONER IS PERMITTED TO SELECT ALL STUDENTS FOR ADMISSION. 7. LET THE MATTER BE PLACED BEFORE THE HONBLE THE CHIEF JUSTICE FOR REFERENCE TO A LARGER BENCH ALONG WITH OTHER SIMILAR MATTERS.