Mar Athanasius College vs State Of Kerala & Anr
- SCC(1993) 4 SCC 347
Ratio decidendi
The rule this decision rests on
Where a minority educational institution established and administered by a religious minority operates engineering colleges receiving state support through teacher salaries and expense contributions, admissions must be structured such that: (i) seats are divided equally between minority and non-minority candidates; (ii) within each category, admissions to free seats and payment seats are distributed equally; (iii) all fees collected from any source are surrendered entirely to the State; and (iv) the State continues to bear the salary and expense obligations it previously undertook, with the prior year's arrangement of fee collection and expense allocation continuing unchanged.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
BENCH: S.R. PANDIAN & S.C. AGRAWAL & S. MOHAN & B.P. JEEVAN REDDY & S.P. BHARUCHA
JUDGMENT:
JUDGMENT
1993(4) SCC 347 = 1993 Suppl. JT 281 = 1993(4) SCALE 219
and Writ Petition (Civil) 598 of 1993
The Order of the Court is as follows
1. This order may be read in continuation of the order dated October 7, 1993 in T.M. Pai Foundation v. State of Karnataka [ 1993 (4) SCC 276 ] [Writ Petition (C) Nos. 317 of 1993 etc.]. It is confined to the two minority engineering colleges in Kerala
2. We have heard Shri F.S. Nariman and Shri Vaidyanathan, learned counsel for the petitioners and Shri Mohan Vellapally, learned counsel for the State of Kerala
3. It is brought to our notice that admissions to 50 per cent of the seats in these two institutions have been finalised by conduction an objection test through an independent agency situated outside Kerala, on the basis of this Court's order dated August 18, 1993 [Ed. : Shahal H. Musaliar v. State of Kerala, 1993 (4) SCC 112 ], though the admissions have not yet been made formally. In the circumstances we direct that these colleges shall be governed by the order dated August 18, 1993 [Ed. : Shahal H. Musaliar v. State of Kerala, 1993 (4) SCC 112 ] subject to the condition that the entire fees collected by them, whether from free students or from payment students or for that matter NRI's or Foreign students, if any, shall be fully made over to the Government of Kerala. The Government of Kerala should continue to pay the salaries of the teachers and other expenses, if any, as may have been borne by them for the previous years, for the current academic year. In other words the arrangement prevailing in the previous years in respect of the fees collected and the expenses of the college shall continue for their year. So far as the admission to the other 50 per cent seats is concerned, they shall be filled by the allottees of the Government, as per the order dated August 18, 1993. Since the admissions to 50 per cent of the seats have already been finalised in pursuance of the order of this Court dated August 18, 1993, on an objective basis, and in accordance with the merit, we do not wish to interfere with the said selection at this stage. However, it is directed that the students belonging to the relevant minority (which established and is administering the college) shall not be admitted exceeding 50 per cent of this year's intake and the remaining 50 per cent shall be given to non-minority candidates. Admissions to free seats as well as payment seats will be made on the basis of merit only. As directed in the order dated August 18, 1993 [Ed. : Shahal H. Musaliar v. State of Kerala, 1993 (4) SCC 112 ] the payment seats (including NRI/Foreign students) and free seats shall be distributed equally between minority and non-minority students. The NRI/foreign students if any admitted, shall count towards payment seats to be filled by the Management by conducting an objective test of its own
4. The deletion of bank guarantee in the order dated October 7, 1993 (4) SCC 276 ] shall also apply to these institutions as also the 15 per cent quota for NRI/Foreign students as prescribed in the aforesaid order dated October 7, 1993 (4) SCC 276 ]
5. Ordered accordingly.
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