Dar-us-salam Educational Trust and anr. vs Govt. of A.P. and ors.
- SCC(1998) 5 SCC 358
- AIRAIR 1999 SC 1562
Ratio decidendi
The rule this decision rests on
A minority educational institution cannot be directed by the University to nominate two representatives to serve on its Selection Committee for admissions, as such direction contravenes the law as settled in Shahal H. Musaliar v. State of Kerala. Admissions to a minority educational institution must be made strictly in accordance with the directions given in Shahal H. Musaliar v. State of Kerala, which requires admissions to be made on the basis of merit.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
2. During the pendency of various writ petitions in the High Court, certain interim directions came to be made on 24-3-1998 with regard to the admissions to be made by the College. Those directions have been put in issue in these appeals.
3. The appellants had sought suspension of the proceedings of the University dated 10-6-1997 nominating two representatives of the University to serve on the Selection Committee for admissions to the appellant-College. By the impugned order, stay has been granted of operation of clauses 7 and 9 of para 2 of GOMs No. 470 dated 4-12-1997 as amended by GOMs No. 491 of 24-12-1970.
4. After hearing learned counsel for the parties, we are not inclined to interfere with the directions given by the High Court on 24-3-1998 but clarify that admissions shall be made to the College strictly in accordance with the directions given by this Court in Shahal H. Musaliar v. State of Kerala, (1993) 4 SCC 112. To that extent the stay order granted by the High Court shall stand amended.
5. Learned counsel for the parties do not dispute that the direction of the University in its proceedings dated 10-6-1997, nominating two representatives to serve on the Selection Committee of the appellant-College for admission of students runs contrary to the law as settled by this Court. That direction, contained in the university proceedings dated 10-6-1997, to the extent it concerns admission of minority students, shall stay during the pendency of the writ petitions in the High Court, in modification of the interim directions of the High Court impugned herein.
6. Mr. R.F. Nariman, learned Senior Counsel appearing for the appellants, submits that admissions shall be made in the College, both for minority students and non-minority students strictly in accordance with their merits.
7. With the above clarification and modification of the impugned directions dated 24-3-1998, the appeals are disposed of. No costs.
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free