TMA PAI FOUNDATION AND ORS. versus STATE OF KARNATAKA AND ORS.

Citation: [1993] SUPP. 3 S.C.R. 117 · Decided: 07-10-1993 · Supreme Court of India · Bench: S. RATNAVEL PANDIAN, S.C. AGRAWAL, S. MOHAN, B.P. JEEVAN REDDY, S.P. BHARUCHA · Disposal: Disposed off
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Judgment (excerpt)

/ T.M.A. PAI FOUNDATION AND ORS. ETC. ETC. 
v. 
STATE OF KARNATAKA AND ORS. ETC. ETC. 
OCTOBER 7, 1993 
(S. RATNAVEL PANDIAN, S.C. AGRAWAL, S. MOHAN, 
B.P. JEEVAN REDDY AND S.P. BHARUCHA, JJ] 
A 
B 
Education--Private Professional and Technical Colleges Admission 
Fee--Foreign Students-Permission granted by Central Government to admit 
foreign students upto 50% of their intake capacity-Such permission of <UTan-
C 
gement will not be enforceable w.e.f. aeademic year 1993-94 in view of Un-
nikrishan 1993-94 being year of adjustment-colleges allowed to admit Non 
Resident Indians N.R . .ls. and foreign students upto maximum· 15% of the 
intake capacity-Basis of selection and admission for N.R./s. and foreign 
students. 
Fee strUcture-Supreme Court fixing a fee tentatively for payment seats 
in Medical Colleges-For Engineering Colleges for the year 1993-94 fee fixed 
by respective State Governments shall be operative-Requirement of Bank 
guarantee or cash deposit provided in the scheme evolved in Unnikrishnan 
deleted. 
Constitution of Indi~Article 144--l'rivate Professional College~Ad
mission Process and Fee StrUcture--Directions given in Unnikrishnan and 
subsequent orders given herein to be implemented-Students to be admitted 
against all free seats and payments seats on or before October 31, 1993 .. 
These matters were filed before the Supreme Court for orders with 
respect to the fee structure in private professional colleges and for other 
appropriate orders. The fee structure evolved by the Government of States 
D 
E 
F 
was highlighted. Some of the private managements submitted that the fee 
faxed by the State Governments was impractical and inadequate. Regard- G 
ing the question of admission of foreign students, it was submitted that 
for the current year (academic year 1993-94), foreign students to the extent 
of 50% of the intake capacity of the medical colleges may be permitted to 
be filled in by foreign students. 
Disposing of the matters, this Court 
117 
H 
118 
SUPREME COURT REPORTS [1993] SUPP. 3 S.C.R. 
A 
HELD : 1.1. Whatever may have been the circumstances and reasons 
for which the Government of India has permitted the private medical 
colleges to admit foreign students to the extent of 50% it is clear that the 
said permission or arrangement is not enforceable and cannot be enforced 
with effect from the academic year 1993-94 in view of the judgment in J.P. 
'. B Unnikrishnan. Admittedly, there is a crying need for these seats within the 
country itself and it is they who must have the priority in the matter of 
admission to these colleges. (127-E-F] 
1.2. 1993-94 being an year of transition and adjustment, in view of 
the Government of India Orders permitting admission of foreign students 
C to the extent of as much as 50% it would be proper to permit the private 
professional colleges to admit N.K.l's. and foreign students up to a maxi-
mum extent of 15% of the intake capacity for this year. The basis of 
selection and admission for these N.R.Is and foreign students shall be the 
same as indicated in Supreme Court order dated May, 1993 in Review 
. D 
E 
F 
Petition Nos. 482/93 etc. This is a special provision made only for this year • 
(129-C-F] 
1.3. For fixing provisional fee payable for the payment seats, the 
medical shall be categoriesed into three classes; , 
(i) medical colleges who have their own hospital facility. 
(ii) Medical colleges partly utilising the facilities of the Government 
hospitals anci partly their own hospitals; 
(iii) Medical Colleges who do not have their own hospital facility but . 
depend entirely on the Government hospital for training stUdents. (130-C] 
For category (i) the fee payable determined at Rs. 1,40,000 per 
annum, for category (ii) at Rs. 1,20,000 per annum and for category (iii) 
1,00,000 per annum. (130-D] 
G 
For Dental Colleges, the fees shall be Rs. 1,00,000 per annum for 
those having their own hospital facility and Rs. 90,00,000 per annum for 
colleges availing of the Government hospital facility. (130-E] 
In the case of nursing colleges and colleges imparting instructions in 
B.A.M.S, B.H.M.S. and B.U.M.S., the fees respectively faxed by the ap· 
H propriate State Government shall be followed and .operated subject of 
• 
PAIFOUNDATIONv. STATE 
119 
course to adjustment on regular fixation by the Government of India/ap-
A 
propriate apex professional council. [130-F] 
So far as engineering colleges are concerned, no fee need be fixed by 
this Co
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