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1995 Supreme(SC) 669

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


Judgment

B. P. JEEVAN REDDY, J.

( 1 ) THE present proceedings for contempt of this Court were initiated suo motu when it was brought to our notice that the Government of Maharashtra has framed rules regarding admission to medical, dental and engineering courses reserving fifteen percent seats for NRIs/foreign students contrary to the orders of this Court dated 5/04/1994 and 13/05/1994. In response to the notice, an affidavit sworn to by Sri Arvind Choudhari, Under Secretary, Medical Education and Drugs Department, Government of Maharashtra was filed stating that the said rules were framed after obtaining the opinion of the Law and Judiciary Department to the effect that the number of seats permitted to be filled by NRIs. for the academic year 1994-95 under the orders of this Court is fifteen percent. On the basis of the said opinion, it was stated, the earlier orders fixing the said quota at ten percent were revised to fifteen percent. After perusing the said affidavit, this Court expressed a tentative view that there has been "an obvious attempt at overreaching the orders of this Court" and accordingly, issued notice to the Secretary/officer concerned in the Law and Judiciary Depart











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