1994 (4) TMI 403 - SC - Indian Laws

Issues Involved:
1. Applicability of the scheme framed in J.P. Unni Krishnan v. State of Andhra Pradesh.
2. Applicability of Rules and Orders made by State Governments based on the said decision.
3. Determination of "minority" status and "minority educational institution" status.
4. Interim order governing admissions to professional courses in minority educational institutions.
5. Categorization of writ petitions based on the nature of minority educational institutions.
6. Specific directions for institutions in Writ Petitions Nos. 284, 482, and 598 of 1993.
7. Admission guidelines for the academic session commencing in 1994.

Issue-Wise Detailed Analysis:

1. Applicability of the scheme framed in J.P. Unni Krishnan v. State of Andhra Pradesh:
The petitioners questioned the applicability of the scheme framed by the Supreme Court in the case of J.P. Unni Krishnan v. State of Andhra Pradesh. The Court referred three questions for consideration by a larger Bench to ascertain the claims of being a "minority" and "minority educational institution." The importance of these questions warranted issuing notice to the Attorney General of India and the Advocates General for the States.

2. Applicability of Rules and Orders made by State Governments based on the said decision:
The petitioners also challenged the applicability of the Rules and Orders made by several State Governments based on the decision in J.P. Unni Krishnan. The Court found it necessary to pass an interim order governing admission to professional courses in minority educational institutions for the next academic session.

3. Determination of "minority" status and "minority educational institution" status:
The Court acknowledged that the claim of being a "minority" and a "minority educational institution" could not be pronounced upon without first understanding what these expressions signify. The Court emphasized the need for verification by the Government to determine the minority status of the institutions.

4. Interim order governing admissions to professional courses in minority educational institutions:
An interim order was issued for the last academic session (1993-94), allowing 50% of the total intake to be filled by candidates selected by State Government agencies based on a competitive examination/test. The remaining 50% could be regulated by the petitioners to admit candidates from the particular religious or linguistic minority, provided the selection was based on merit.

5. Categorization of writ petitions based on the nature of minority educational institutions:
The Constitution Bench categorized the writ petitions into five categories: unaided minority educational institutions, minority educational institutions receiving State funds, institutions with unclear funding status, non-minority institutions challenging Unni Krishnan's applicability, and petitions not falling into any of the above categories. The interim order dated May 14, 1993, applied to categories (1), (2), and (3) with modifications.

6. Specific directions for institutions in Writ Petitions Nos. 284, 482, and 598 of 1993:
For Writ Petitions Nos. 284 and 482 of 1993, the Court permitted admissions based on entrance tests conducted by the petitioners, with full particulars of admitted students to be furnished to competent authorities for verification. For Writ Petition No. 598 of 1993, the Court directed that admissions be made in accordance with the agreement with the Government of Kerala, emphasizing merit as the guiding principle.

7. Admission guidelines for the academic session commencing in 1994:
The Court directed that admissions for the academic session commencing in 1994 follow the guidelines from the previous year, with specific provisions for institutions in Kerala governed by agreements with the Government. The permissible limit for non-resident Indians and foreign students was set at 5% of the total intake, with admissions based on merit.

Conclusion:
The matters were listed for hearing on July 20, 1994, with notice issued to the Attorney General of India and the Advocates General for the States. Written submissions were to be submitted by July 13, 1994.

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