- (1.) Several writ petitions questioning the applicability of the scheme framed by this court in Unni Krishnan, J. P. v. State of A. P. as also the applicability of the rules and orders made by several State governments in pursuance of and on the basis of the said decision are placed before us. Insome of the writ petitions rule nisi has already been issued, while some others are fresh matters. We have taken each of the writ petitions placed before us in seriatum and heard the respective counsel
(2.) In Unni Krishnan' we did not make any order or direction about Minority Educational Institutions (MEIs). Indeed a few matters pertaining to MEIs were delinked from that batch to be heard separately. However, several State governments have served notices upon the petitioners intimating them they have to follow the said decision and the rules and orders made pursuant thereto. Many of the petitioners-institutions raised an objection that since they are MEIs, the said decision or the rules and orders made pursuant thereto do not apply to them. The respective governments ignored the said protest and called upon the petitioners to abide by the said decision and rules and orders made pursuant thereto. It is then that the petitioners have approached this court by way of these writ petitions.
(3.) Some of the writ petitions out of those placed before us had come up before a bench comprising the Hon'ble the chief justice and one of us (B. P. Jeevan Reddy, J. ) on M 14/05/1993. Counsel for the petitioners in Writ Petition Nos. 350 and 355 of 1993 agreed to the following order being made and accordingly it was made: 1. We have heard Shri Soli J. Sorabjee, learned senior counsel for the petitioners in these two writ petitions. Issue rule. 2. There will be an interim order in the following terms: (I) Fifty per cent of the total intake in the petitioners' educational institutions shall be permitted to be filled up by candidates selected by the agencies of the State government on the basis of a competitive examination/test. The candidates so selected and admitted shall pay scales of fee as applicable to this class of students as determined by the State government from time to time. (Ii) The remaining fifty per cent of the intake may be regulated by the petitioners to admit candidates belonging to the particular religious or linguistic minority. However, the selection shall be made strictly on the basis of merit among the candidates seeking admission to the institutions. Such merit shall be determined on the basis of the academic performance at the qualifying examination; or on the basis of any objective test that the institution might itself apply to determine such relative and competing merits; or on the basis of performance of the results of the selection tests that 114 the State government may itself hold for selecting candidates for admission to technical colleges in the State. It is optional for the petitioners to adopt any one of these three a modes and apply it uniformally. Candidates so selected on the basis of merit amongst the minorities shall, however, abide by such condition in the matter of payment of tuition and other fee as may be permitted by the State government. 3. It is made clear that this order is made on the assumption that the petitioners are minority institutions. It is open to the respondents to question this status claimed by the petitioners. 4. This order shall, however, not estop the petitioners from urging all other contentions raised in the writ petitions, as, indeed, this interim interlocutory order is made on the consent of the petitioners and without prejudice to all the contentions, Writ Petition No. 360 of 1993 Delink this petition from this group of matters and list the same in the usual course. ";