RAMA JOIS
DR. T. M. A. PAI FOUNDATION – Appellant
Versus
STATE OF KARNATAKA – Respondent
( 1 ) IN this Petition, the Petitioners have challenged the constitutional validity of the Karnataka educational Institutions (Prohibition of Capitation Fee) Act, 1984 ('the Act' for short) and the orders made there under.
( 2 ) THE facts of the case, in brief, are as follows : The 1st Petitioner is Dr. T. M. A. Pai Foundation, which is a trust registered under the Trusts Act. The 2nd Petitioner is Manipal Institute of technology, which is an educational institution, owned and administered by the 1st Petitioner trust. Petitioners 3 to 6 are the trustees. An institution called 'the Academy of General education' was founded by Dr. T. M. A. Pai in the year 1942. It was registered as a society under the Societies Registration Act. At that point of time, Manipal, the place at which the Academy was founded was in the former State of Madras. After reorganisation of States, it has become part of the new State of Karnataka. Para 29 of the Memorandum of Association, made the founder of the Academy, namely, Dr. T. M. A. Pai the Registrar for life. The Academy established large number of institutions including the 2nd Petitioner-Engineering College. On 30-5-1957, a trust called
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