T.M.A. PAI FOUNDATION AND ORS. ETC. versus STATE OF KARNATAKA AND OTHERS ETC.

Citation: [1995] SUPP. 2 S.C.R. 608 · Decided: 11-08-1995 · Supreme Court of India · Bench: KULDIP SINGH, S.C. AGRAWAL, B.P. JEEVAN REDDY · Disposal: Disposed off

Judgment (excerpt)

A 
T.M.A. PAI FOUNDATION AND ORS. ETC. 
v. 
STATE OF KARNATAKA AND OTHERS ETC. 
AUGUST 11, 1995 
B 
[KULDIP SINGH, S.C. AGRAWAL AND B.P. JEEVAN REDDY, JJ.] 
Constitution of India-Article 32-Admission to professional ·col-
leges-Interim directions made regarding admission and fee ;tructure confined 
to Academic Year 1995-96 and limited to medical and dental col-
C leges-Education-Admission to Professional Courses. 
In Unniklishnan, J.P. v. State of Andhra Pradesh, a Constitution Bench 
of the Court on 4.2.1993, framed a scheme governing admission to profes-
sional colleges with a view to eliminate the evil of capitation fee and to 
D 
ensure that merit prevails in the matter of admissions, both in respect of 
free seats as well as in respect of 'payment seats'. The scheme was to be 
effective from the Academic Year 1993-94 onwards. Review Petitions filed 
by several institutions against this judgment were dismissed by the Con-
stitution Bench on May 14, 1993 subject to one clarification that it sha~l be 
E 
F 
open to the professional colleges to admit non resident Indian students to 
the extent of five percent of the total intake in a given year. These 5% seats 
were to be out of fifty percent payment seats. 
On March 10, 1993, the Karnataka Legislature enacted Karnataka 
Selection of Candidates for Admission to Engineering, Medical, Dental, 
Pharmacy and Nursing Courses Rules, 1993 under the Karnataka Educa-
tional Institutions (Prohibition of Capital Fee) Act, 1984, providing certain 
preference in favour of Karnataka students in the matter of admission to 
these professional colleges. On May 20, 1995 amendments were made in the 
Rules as a result of which no more Karnataka student, except perhaps the 
non-resident Indians. Could be admitted to these institutions. The educa-
G 
tional institutions that the said restriction caused grave prejudice to them 
in as much as they will not be able to fill up all the payment seats as the 
gap in the fees paid by 'free students' and 'payment students' was too large 
and contrary to the intention of the scheme. 
There was also a complaint that the gap in the fees paid by 'free 
H students' and payment students is too large and that most of the boys from 
608· 
T.M.A.PAIFOUNDATION v. STATE 
609 
the well-to-do families were taking away the free seats leaving the payments A 
seats to the students from the rural areas and backward communities. The 
management also complaint that the fee prescribed were not sufficient to 
meet the necessary expenditure. By order dated April 27, 1995 the Court 
invited suggestions and comments from the State Governments and Govt. 
of India as well as from the Indian Medical Council, University Grant 
Commission, Dental Council of India and All India Council of Technical 
Education (A.I.C.T.E.). In response of the said order suggestions were 
received from some of the State Governments, Statutory Councils Manage-
ments of the Educational Institutions and Students. 
Disposing of the matter, this Court 
HELD : 1.1. The demand of states of Karnataka and Tamil Nadu for 
a uniform treatment of all professional colleges - whether established and 
maintained by minorities or by others - in the matter of admissions, invol-
B 
c 
ves the question whether Article 30 of the Constitution stands in the way of 
such equal treatment. Several aspects of Article 30 are already pending D 
before a larger Bench. Any such direction as prayed for by the said states 
can be done only by the larger Bench. Moreover admissions are already 
under way in several States in accordance with the said scheme, as modified 
by the subsequent orders of this Court. Regulations have been framed by 
the A.I.T.C.E., Dental Council and several State Governments on the basis E 
of and in accordance with the said scheme. All of them cannot suddenly be 
suspended at this point of time. It requires a much wider and more exten-
sive hearing of all points of view and a deeper consideration of the sugges-
tions of several governments, councils, institutions and others before a 
definite opinion can be expressed. [623-H; 624-A-C] 
1.2. Having regard to the grievance relating to the gap between the 
fees payable by the 'free student' and the 'payment student' and the uniform 
demand for increasing the N.R.IJForeign students quota, the court gave the 
following directions for Academic Year 1995-96 limited to medical and 
dental colleges is that: [624-F] 
(a) N.R.I. quota is fixed at fifteen percen

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