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2002 Supreme(SC) 2293

SUPREME COURT OF INDIA
B.N. Kirpal, G.B. Pattanaik, V.N. Khare, S. Rajendra Babu, Syed Shah Mohammed Quadri, Ruma Pal, S.N. Variava, K.G. Balakrishnan, P. Venkatarama Reddi, Ashok Bhan, Arijit Pasayat, JJ.
T.M.A. Pai Foundation - Petitioners
Versus
State of Karnataka - Respondents
W.P. (C) No. 317 of 1993
Decided On : 11-04-2002

Interpretation of the expressions 'Education' and 'Educational Institutions' in the Constitution and the guarantee of the right to establish and administer educational institutions.

Headnote:

Education - Constitutional Interpretation - The court discussed the meaning of the expressions 'Education' and 'Educational Institutions' in various provisions of the Constitution and examined the guarantee of the right to establish and administer educational institutions under the Constitution.

Fact of the Case:

Mr. Kapil Sibal and Mr. K Parasaran presented arguments regarding the meaning of 'Education' and 'Educational Institutions' in the Constitution.

Finding of the Court:

The Court observed and framed a question regarding the meaning of 'Education' and 'Educational Institutions' in the Constitution, and the guarantee of the right to establish and administer educational institutions.

Issues: Interpretation of the expressions 'Education' and 'Educational Institutions' in the Constitution, and the guarantee of the right to establish and administer educational institutions.

Ratio Decidendi: The Court's analysis focused on interpreting the meaning of 'Education' and 'Educational Institutions' in the Constitution and examining the constitutional guarantee of the right to establish and administer educational institutions.

Final Decision: The final decision was not provided as the matters remained part-heard.

JUDGMENT :

1. Mr. Kapil Sibal resumed his arguments at 10.30 A.M. During the arguments of Mr. Kapil Sibal, the Hon'ble Court observed the following and framed one more question:

"In addition to the reframed 10 questions, one more question is:

11. What is the meaning of the expressions "Education" and "Educational Institutions" in various provisions of the Constitution? Is the right to establish and administer educational institutions guaranteed under the Constitution?"

2. Mr. Kapil Sibal concluded his arguments at 3.30 P.M. Thereafter, Mr. K Parasaran started his arguments and was on his legs when the Court rose for the day.

3. The matters remained part-heard.

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