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1995 Supreme(SC) 804

B.P.JEEVAN REDDY, KULDIP SINGH, S.C.AGRAWAL
T. M. A. Pai Foundation – Appellant
Versus
State of Karnataka – Respondent


Advocates:
A.K.PANDEY, A.M.KHANWILKAR, A.S.BHASME, A.Subhashini, A.V.RANGAM, ANIL SHARMA, Arun K.Sinha, ARUNA MATHUR, ASHOK GROVER, B.B.Singh, B.E.AVADH, B.K.PRASAD, B.PARTHASARTHY, BHARAT SANGAL, BINA GUPTA, D.P.GUPTA, EJAZ MAQBOOL, EJAZ MAQBUL, HARISH N.SLAVE, INDIVAR GUDWILL, J.M.PADMANABHA, K.K.VENUGOPAL, K.R.CHOUDHARY, K.R.NAGARAJA, K.RAM KUMAR, K.S.Chauhan, K.T.S.Tulsi, KAILASH VASUDEV, KAPIL SIBAL, KIRAN JETHANAND, KIRAN SURI, L.R.SINGH, LALITA KAUSHIK, M.D.ADKAR, M.J.Paul, M.VIRAPPA, N.SANTOSH HEGDE, NALIN TRIPATHI, NAVIN R.NATH, P.DSOUZA, P.PARMESHVARAN, P.R.RAMASESHESH.S.PARIHARHAR, R.B.MISHRA, R.K.MEHTA, R.P.VADHVANI, R.S.NARIMAN, RACHNA GUPTA, RAJIV DHAWAN, RAJIV SHARMA, RANI CHHABRA, RANJIT GHOSAL, ROXNA S.SWAMY, S.M.JADHAV, S.RAVINDER BHAT, S.U.K.SAGAR, SUBHASH SHARMA, T.C.SHARMA, V.D.KHANNA

ORDER

Though the orders we are now making are interim in nature, it is appropriate to set out briefly the circumstances leading to the present stage for a proper appreciation of the several direc- tions we are making herein.

2. In Unnikrishnan J. P. v. State of Andhra Pradesh (1993) 1 SCC 645, a Constitution Bench of this Court framed a scheme governing admissions to professional colleges. This was done with a view to eliminate the evil of capitation fee and the absolute discretion which the managements of these colleges were exercising in the matter of admission of students. The main objective was to ensure that merit prevails in the matter of admissions, both in respect of what were called "free seats" as well as in respect of "payment seats." This judgment was rendered on February 4, 1993. The scheme was to be effective from the Academic Year 1993-94 onwards.

2A. Review Petitions were filed by several institutions against the said judgment. They were dismissed by the Constitution Bench on May 14, 1993 subject to one clarification, viz., that it shall be open to the professional colleges to admit non-resident Indian students to the extent of five percent of the total intake in a gi








































































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