( 1 ) ISSUE notice returnable within one week. Dasti service is permitted. The petitioner seeks to fill the vacant seats, which remained vacant after the State has admitted the candidates who had succeeded in the common entrance test, with outside candidates who were successful in the examination held by the Association. State of Karnataka: IAs Nos. 31 and 33, WP No. 276 and SLP (C) No. 11244 of2004

( 2 ) ALL these three cases relate to the interpretation put by a Bench of five honble Judges in Islamic Academy of Education v. State of Karnataka on the eleven-Judge Bench decision in T. M. A. Pai Foundation v. State of karnataka.

( 3 ) IN all these cases the immediate disputes relate to the fixation of quota in respect of unaided professional institutions and to the holding of examinations for admission into such colleges. We are of the view, that the issues raised should be referred to a larger Bench for final determination having regard to the nature of the controversy involved in these cases.

( 4 ) THE question then arises as to the interim measures to be taken by these colleges for the academic year 2004-05. It is stated by the State of karnataka that pursuant to the decision of this Court in Islamic Academy the state Government had fixed the quota for unaided or private minority professional institutions at 50:50 and in respect of other private unaided professional institutions at 75:25 i. e. 75% of the seats in these colleges would be filled in by the State Government and 25% by the management. The State government has justified the fixation of such quota relying upon paragraphs 12 and 19 of the decision in Islamic Academy. It is submitted that as far as the unaided minority institutions are concerned, they had not complained against the fixation of the quota either to the State or to the Committee which has been set up in terms of the decision in Islamic Academy. The non-minority associations complaint to the Committee regarding the percentage as determined by the State Government has been rejected by the Committee. A writ petition was filed by the association of the non-minority unaided professional institutions before the High Court which is still pending. The matter was mentioned before the High Court at the instance of the State government that it would seek clarification of the issues from this Court. It is pursuant thereto that the State Government has filed IA No. 33 to seek directions.

( 5 ) AS far as the quota is concerned, the learned counsel appearing on behalf of the unaided minority institutions has stated that for the time being and strictly without prejudice they are willing to abide by the quota fixed by the State Government. As far as the non-minority institutions are concerned, they have drawn our attention to paragraph 21 of Islamic Academy case and have submitted that this Court had permitted 50:50 quota as an interim measure. It is also stated that for the immediately preceding year i. e. 2003-04, since the admission had already been made on the basis of 75% and 25% pursuant to the directions issued by the State Government for that year, the non-minority institutions did not protest and agreed to allow the same to continue for that academic year as a one-time measure. They, however, insist that for this academic year, they should be permitted to admit the students on the basis of 50:50 percentage and the fixation of the percentage at 75:25 in favour of the State Government was wrong and based upon a misreading of islamic Academy.

( 6 ) THE sentence in the judgment of Islamic Academy which appears to have created the debate between the parties is:

( 7 ) IT is clarified that different percentage of quota for students to be admitted by the management in each minority or non-minority unaided professional college (s) shall be separately fixed on the basis of their need by the respective State Governments and in case of any dispute as regards fixation of percentage of quota, it will be open to the management