LexSHAHAL H. MUSALIAR AND ANR. ETC. ETC. versus STATE OF KERALA AND ORS. ETC. ETC.
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SHAHAL H. MUSALIAR AND ANR. ETC. ETC. A v. STATE OF KERALA AND ORS. ETC. ETC. AUGUST 18, 1993 [S. RATNAVEL PANDIAN, S.C. AGRAWAL, S. MOHAN, B B.P. JEEVAN REDDY, AND S.P. BHARUCHA, JJ.] Education-Minority Educational Institutions-Admission-Process- Merit to be guiding principle-Quota distributio1t-50% seats to be filled up by Govemment-Reinaining 50% of seats to be filled up by Manage- C ment-Selection soictly on basis of me1it--Equal distribution between free seats and payment seats-N.R.Js if any admitted to an extent not exceeding 5% of total seats shall be out of payment seats~Statements containing full particulars of sa1dents admitted to be submitted to Competent Authority-- Order to apply only to Minmity Education Institutions on verification by D Govemment-A larger Bench to hea!· question arising in these batch of cases. The present Writ Petitions question applicability of the scheme framed by the Supreme Court .in J.E .. Unnikrishnan v. State of A.P., [1993) 1 SCR 594 as also the applicability of the rules and order made by State Government in pursuance of and on the basis of the said decisions. In Unnikrishnan, the Supreme Court did not make any order or dir~ciion about Minority Educational Institutions (MEis). Howev.er, several State Governments served notice upon the petitioner intimating them they have to follow. the said decision. Many of the petitioner-institutions raised an objection that since they are MEis, the said decision or the rules and orders made pursuant thereto do not apply to them. The respective Governments ignored the protest and called upon the petitioners to abide by the said decision. Petitioners filed writ petitions. In Writ Petitions 350 and 355 of 1993 an interim order dated May 14, 1993 was made in the following lines with the consent of the petitioners. (i) Fifty per cent of the total seats be filled up by candidates selected by the agencies of the State Government on the basis of a competitive examination/test. (ii) Admission to the remaining fifty per cent be regulated by admit- E F G ting candidates belonging to the particular religious or linguistic minority, H 649 650 SUPREME COURT REPORTS [1993] SUPP. 1 S.C.R. A strictly on the basi' of merit. Merit could be determined on the basis of ' the academic performance at the qualifying examination; or on the basis basis of any objective test that the institution might itself hold or on the basis of performance of the results of the selection tests that the State Government may hold for selecting candidates for admi.ssion to technical B colleges in the State. Such selecte_d candidates to abide by such condition in the matter of payment of tuition and other fee as may be permitted by the State Government. (iii) The order was made on the assumption that the petitioners are minority institutions and it was· open_ to the respondents to question the C status claimed by the petitioners. (iv) The order should not estop the petitioners from nrging all other contentions raised in the writ petitions, as the interim interlocutory order was made on the consent of the petitioners and without prejndice to all the D contentions. Disposing of the writ petitions, this Court HELD: 1.1. In Writ Petitions 284 of 1993 and 350 of 1993, having regard to the fact that the process of admission is complete though E admissions as such have not been made, petition.ers are permitted to admit students to their colleges on the basis of entran~< test conducted by them. After completing the admissions the petitioners shall furnish full par- ticulars of the students admitted etc. to the competent authority. Any violation of the dir.ections given herein shall entail serious consequences F inasmuch the above orders are made/based upon their representations and even .before a counter affidavit has been filed. [657-A, B, E) G 1.2. In all other cases, except those mentioned specifically hereinafter, the order made by the Court on May 14, 1993 in W.P. 355 and 3511 of 1993 shall be the order with the following modifications (which modifications shall apply even in W.P. 350 and 355 of 1993). [657-F] (a) Jn continuation of para (3) it is made further clear that whether any of the petitioner-institution is a M.E.I. or not is a matter for the Government to verify and determine. This order shall be made applicable H only to those institutions which are found to be M.E.Is. on verifications by S.H. MUSALIAR v
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