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ISLAMIC ACADEMY OF EDUCATION V. STATE OF KARNATAKA (2003) 6 SCC 697

ISLAMIC ACADEMY OF EDUCATION V. STATE OF KARNATAKA 

(2003) 6 SCC 697

 

FACTS AND ISSUES

The petition filed by the petitioner and others were placed before five-judge bench which was prima facie of the opinion that Article 30 did not clothe a minority educational institution with the power to adopt its own method of selection and the correctness of the decision of this Court in St. Stephens College v. University of Delhi was doubted. It was directed that the questions that arose should be authoritatively answered by a larger Bench. The matter was, therefore, decided by an eleven-judge Bench in T.M.A. Pai Founda- tion v. State of Karnataka. After the judgement was delivered, on 31st October 2002, the Union of India, various State governments and the educational institutions understood the majority judgement in different perspectives. Different statutes/regulations were enacted/framed by different state governments. These led to litigations in several courts. Interim orders passed therein were assailed before the Supreme Court.

 

JUDGEMENT AND ANALYSIS

  1. This Hon'ble court observed that normally, if the two decisions of the Supreme Court bench are in conflict, the decision of the larger bench prevails, irrespective of the time it was pronounced.  The rule is one of practice based on convenience and judicial propriety, or as some judges have termed it, judicial discipline. Nevertheless, it has been generally followed and enforced except in exceptional circumstances. A judicially unprecedented procedure was adopted by the Court in Islamic Academy of Education v State of Karnataka by constituting a bench of 5 judges to interpret the decision of 11 judges in T.M.A. Pai Foundation v. State of Karnataka.
  2. This Hon'ble court observed that from the point of view of regulation, minority educational institutions can be placed into two categories, viz (1) institutions receiving aid from the state; and (2) institutions not getting aid from the state, each category being further subdivided according to the nature of the educational institution, namely schools, undergraduate colleges, post-graduate colleges and professional colleges.'
  3. It was also observed by this Hon'ble court that the merit amongst the eligible minority applicants and passage of the common entrance test by the students, for the admission in professional and non professional colleges. Islamic academy of education directed the state governments to appoint a permanent committee which would ensure that the tests conducted by the association of colleges are fair.
  4. The court emphasised that the educational institutions cannot be used for profiteering directed the appointed committees in each state for the purpose of setting up the fee structure and admission procedure in unaided private institutions. 
  5. The court also observed that the State Government concerned is required to notify a reasonable percentage of the non-minority students to be admitted having regard to the type of institution, population and educational needs of minorities. Islamic Academy added that in case of any dispute as regards fixation of percentage of quota,, it will be open to the management to approach the Committee.
  6. Islamic Academy's view that this power of percentage fixation was available to the State with regard to unaided educational institutions was overruled in PA Inamdar on the ground that it ran counter to TMA Pai

 

RELEVANT CASE LAWS

(1)The majority judgement of TMA Pai Foundation vs State of Karnataka held that 

  • It deals with the unaided minority or non-minority professional colleges.
  • It will be unfair to apply the rule and regulations framed by the State gov- ernment as regards the government aided professional colleges to the unaided professional colleges.
  • The unaided professional institutions are entitled to autonomy in their administration; while at the same time they should not forgo or discard the principles of merit.
  • It is permissible for the university or the government at the time of granting recognition to require an unaided institution to provide for merit based admission while at the same time giving the management sufficient discretion in admitting students.
  • for unaided non-minority professional colleges certain percentage of seats can be reserved for admission by the management out of those students who have passed the common test held by itself or by the State/university and for applying to the college/university for admission, while the rest of the seat may be filled up on the basis of counselling by the State agency.
  • The provisions for poorer and backward sections of the society in unaided professional colleges are also to be provided for.
  • The prescription for percentage of seats in unaided professional colleges has to be done by the government according to the local needs. A different percentage of seats for admission can be fixed for minority unaided and non-minority unaided professional colleges
  • (2)Further, in St. Xaviers College case, it was observed that the whole object of conferring the right on minorities under Article 30 is to ensure that there will be equality between the majority and the minority.