Established that recognized minority educational institutions need not reapply for minority status but must comply with periodical reporting under applicable regulations.

ORAL ORDER

The petitioners are seeking for the following prayers:

"1. Issue writ in the nature of mandamus or any other appropriate writ, order or directions; directing the Respondents to publish the 'seat matrix' reserving 80%-'seats' to the students belonging to Karnataka Christian minorities; under (MC-I Category) and in the event if MC-I category student not being available under the said category, to allot seats to Christian Minority from other States during the counselling for B.Sc Nursing Course for the academic year 2023-24. Annexure A- A6.

2. Issue writ in the nature of mandamus or any other appropriate writ, order of directions declaring the action of the Respondents in not considering the representation dated 28.07.2022 and 24.07.2023 (Annexure A-A6) as highly arbitrary, illegal and violative of Article 19(1)(g), 21, 26 and 30 of the Constitution of India .

2(A). Issue writ in the nature of Certiorari or any other appropriate writ order or directions, declaring the endorsement dated 8.08.2023 bearing No.DME/2023-24 issued by Respondent no.2 is bad in law and consequently direct the Respondents to treat the Petitioners as religious minorities for the purpose of grant of admissions in Petitioners institutions.(Annx N)

2(B). Issue writ in the nature of Declaration or any other appropriate writ order or directions, declaring that the State has no such executive power to over ride INC Regulations; deny constitutional protections under Article 30 (1) of the Constitution and exercise of any such powers to counsel for admission is without authority of law and cannot be enforced as against these petitioners.

3. Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the case."

2. Petitioner No.1 Father Muller Charitable Institution is a registered society (hereinafter referred to as the 'society' for short) established and is being administered / managed by the members belonging to the Roman Catholic Diocese of Mangaluru from the year 1960, that the institution seeks to promote the interest and uplift the minority Roman Catholic Community in the State of Karnataka, that petitioner Nos.2 and 3 are nursing colleges established by the society and that for "grant of admission" in the other professional educational institutions, including medical and homeopathic colleges are administered by the society and are treated as a Minority Education Institutions (‘MEI' for short) under the government order dated 14.09.1993 and the admission therein has been regulated accordingly.

3. It is the case of the petitioners that under the Government Order way back on 14.09.1993, the petitioners are duly recognized as a MEI and the petitioner's status as a minority institution is under the constitutional scheme for availing the protection/guaranteed rights under Article 30 (1) of the Constitution of India and is pursuant to the directions issued by the Apex Court in the case ofShahal H. Musaliar and another Vs. State of Kerala and others , 1993 (4) SCC 112 (Shahal H.) and postUnni Krishnan J.P. and others Vs. State of Andhra Pradesh and others , [(1993) SCC 645] (Unni Krishnan). It is submitted that the government order dated 14.09.1993 the recognition as MEI of its institutions was subject to the review in light of the judgment that has been judicially reviewed, underUnni Krishnan's case. 4. It is stated that in light of the decision of the Apex Court in the case of T.M.A. Pai Foundation and others Vs. State of Karnataka and others , [2002 (8) SCC 481] (T.M.A. Pai Foundation) law being settled, there was no occasion f