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2004 Supreme(Bom) 752

A.S.OKA, D.Y.CHANDRACHUD
Forum of Minority Management Institutions & others – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - CHANDRACHUD D.Y. (Dr.), J.:—Rule, returnable forthwith. Counsel for the respondents waive service. By consent taken up for hearing and final disposal.

2. In this batch of matters under Article 226 of the Constitution of India, three questions of law arise for adjudication, based on the submissions which have been urged by Counsel for the petitioners before the Court:

(1) Wether a separate Common Entrance Test can be permitted to be held for a professional course by an Association purporting to represent institutions conducted and managed by a religious or linguistic minority;

(2) Wether a separate Common Entrance Test can be permitted to be held in the State by an Association representing Unani Medical Colleges in the State;

(3) Wether the Committee constituted in pursuance of the judgment of the Supreme Court in (Islamic Academy of Education v. State of Karnataka)1, 2004(1) Bom.C.R. (S.C.)593 is correct in holding that it has no jurisdiction to entertain a dispute raised before it in regard to the quota prescribed by the State for admissions to be made by minority-run educational institutions from amongst students of their own community.

3. Each of these questions which aris

































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