( 1 ) THE petitions involve important issues including the question of interpretation of judgments of this Court in the case of T. M. A. Pai foundation and Islamic Academy of Education. We issue rule. Some earlier matters involving somewhat similar questions have been referred to a larger bench. These petitions also, in terms of order already passed, are referred to a larger Bench and be tagged with the earlier petitions.

( 2 ) PRESENTLY, the question is of interim arrangement that may be made for the academic year 2004-2005 in medical colleges, dental and nursing colleges, Ayurvedic and homeopathic courses, Unani medical colleges and engineering colleges.

( 3 ) IN colleges other than engineering, the Government of Madhya Pradesh, accepting the recommendations of the Committee that had been constituted by the Government and headed by a retired Judge of the High court as its Chairman, has decided that State and management quota would be 50 per cent each. In this view, no further interim arrangement is required to be made.

( 4 ) IN engineering colleges, it appears that last year the management quota was only 5 per cent. In terms of the meeting held on 12-11-2003 between the representatives of the management and the officers of the Education department, it was agreed that for the year 2004-2005 the management quota would be 15 per cent of the total intake considering the prevailing practice in the institutions of adjoining States. This is again reiterated in the minutes of the meeting held on 19-11-2003. At this stage we are not entering into the disputes sought to be raised either about the correctness of the minutes or the authorities of those who attended the meeting on behalf of the management. Having regard to the decision taken in November 2003 for this academic year in engineering colleges, the management quota would be restricted to 15 per cent.

( 5 ) THE next aspect is about reservations in management quota. In terms of government decision contained in letter dated 2-7-2004 addressed to the colleges and others they were intimated that the reservations prescribed by the State shall continue for State and management quota. The petitioners, of course, object to the reservation provided for management quota. Our attention has also been drawn to the notification dated 8-4-2004 issued by the Government of Madhya Pradesh whereby the reservation policy of the government of Madhya Pradesh was restricted to the State quota seats. We accordingly stay the operation of the letter dated 2-7-2004 to the extent it prescribes reservation for management quota.

( 6 ) YET another question is of the admission to be granted on the basis of pmt/pet conducted by the Professional Examination Board. There is no difficulty, insofar as, the grant of admission to the State quota seats on the basis of merit derived by taking into consideration the marks obtained in the said test. The difficulty is in regard to admission in management quota seats.

( 7 ) IN terms of the decision of this Court in Islamic Academy of Education the association of the colleges could hold an entrance examination. At this stage, it is not necessary to go into the reason of non-holding of such examination.

( 8 ) IT is also not in serious dispute that, at this distant point of time when the courses have already commenced, it would not be in the interest of the student community if fresh entrance tests are permitted to be held by the management. On behalf of the State, it is contended that the management quota seats should also be filled on the basis of merit in PMT/pet conducted by the Board. The difficulty in adopting that mode is that PMT/pet was confined to the domicile of Madhya Pradesh. In this view, it has been strenuously contended for the petitioners that if the admission in management quota is granted on the basis of PMT/pet, those who could not participate in PMT/pet, on account of domicile condition, would not be eligible to be considered for admission in colleges in