T.M.A. PAL FOUNDATION AND ORS. versus STATE OF KARNATAKA AND ORS.

Citation: [2002] SUPP. 3 S.C.R. 587 · Decided: 31-10-2002 · Supreme Court of India · Bench: B.N. KIRPAL

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Judgment (excerpt)

T.M.A. PAl FOUNDATION AND ORS. 
v. 
STATE OF KARNATAKA AND ORS. 
OCTOBER 3 1, 2002 
[B.N. KIRPAL, CJ., G.B PATTANAIK, V.N. KHARE, S. RAJENDRA 
BABU, SYED SHAH MOHAMMED QUADRI, RUMA PAL, S.N. 
VARIA VA, K.G. BALAKRISHNAN, P. YENKATARAMA REDDI, 
ASHOK BHAN AND ARIJIT PASA Y AT, JJ.] 
Constitution of India, 1950: 
A 
B 
c 
Article 30-Private Institutions-Government Regulations-
Applicability of and its extent-Held: in case of private unaided educational 
institution Government can put conditions pertaining to academic and 
educational matters and welfare of students and teachers only, but not in the D 
matter of administration-In case of private aided educational institutions, 
once aid is granted, Government as a condition of grant of aid, can put 
fetters on the freedom in the matter of administration and management of the 
institution-But such institutions cannot be treated as wholly owned and 
controlled by Government-Hence Government cannot interfere. w~th 
constitution of governing bodies-Autonomy of aided institution would be E 
less than that of an unaided institution. 
' 
Articles 29(2) and 30(1)-Right of Aided Private Minority Institution 
to Administer itself-Government regulation-Extent of applicability to-
Held, right under Article 30(1) is not absolute although right to administer 
includes right to grant admission to students of its choice-But when such F 
minority institution is granted aid, Article 29(2) would apply-Hence one of 
the rights of administration of the minorities i.e. right to grant admission 
would be eroded to some extent-However, there is an interplay between the 
two Articles-Such an institution should admit non-minority students based 
on merit to a reasonable extent, whereby minority character of the institution G 
is not annihilated and at the same time rights granted under Article 29(2) 
are not subverted-The reasonable extent would depend on variable factors 
and specific percentage cannot be fixed-Articles 28(1) and (3). 
Article 30(2)-Meaning, Scope and effect of-Whether the provision 
587 
H 
588 
SUPREME COURT REPORTS [2002] SUPP. 3 S.C.R. 
A gives a right to ask for grant and aid from the State-In case of State aided 
institution extent of its autonomy -Held, grant of aid is not a constitutional 
imperative-The provision means that grant of aid by State could not be 
denied to religious/linguistic minority institution only on the ground that the 
management of the institution is by minority-But if an abject surrender of 
right to management is. made a condition of aid, the denial of aid would be 
B violative of the provision-However, conditions of aid that do not involve a 
surrender pf substantial right of management would not be inconsistent with 
constitutional guarantees ev~n if they indirectly impinge upon some facets 
of administration-Article 337. 
C 
Article 30(1), VII Schedule List III Entry 2 5-Linguistic and Religious 
Minority-Unit of-Whether within the State or the country as a whole-
Held, it would be decided state-wise-Inclusion of 'education' in VII Schedule, 
List II/ Entry 25 would not affict determination of a "religious" or "linguistic" 
minority. 
D 
Articles J9(J)(g), 26 and 30-Estab/ishment and administering of 
educational institution-Held: Is covered by these Articles and hence a 
fundamental right. 
Articles 26 and 30-Difference between-Discussed 
E 
Unnikrishnan 's case-Reconsideration of-Held, the case, in so far as 
it framed the scheme relating to grant of admission andfv:ing of fee, overruled. 
Interpretation of Constitution-Harmonious construction-Held, when 
constitutional provisions are interpreted it has to be borne in mind that the 
interpretation should be such as to further the object for which they were 
F incorporated-They cannot be read in isolation and have to be read 
harmoniously to provide meaning and purpose-They cannot be interpreted 
as to render another provision redundant-Purposive and harmonious 
interpretation required. 
Interpretation of Statute-Historical facts and Constituent Assembly 
G debates---'-Aid of-Held, aid can be taken for construing the provisions of an 
Act or the Constitution. 
Doctrines: 
H 
Doctrine of real de facto equality-Applicability of 
T.M.A. PAl FOUNDATION v. STATEOFKARNATAKA 
589 
Words and Phrases: 
"Occupation"-Meaning of in the context of Article 19(/)(g) of the 
Constitution of India, 1950. 
"Minority "-Meaning of 
A 
"Religious and Linguistic Minority"-Meaning of in the context of Article B 
30

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