- (1.) ISSUE notice returnable within one week. Dasti service is permitted. The petitioner seeks to fill the vacant seats, which remained vacant after the State has admitted the candidates who had succeeded in the common entrance test, with outside candidates who were successful in the examination held by the Association. State of Karnataka: IAs Nos. 31 and 33, WP No. 276 and SLP (C) No. 11244 of 2004
(2.) ALL these three cases relate to the interpretation put by a Bench of five Hon'ble Judges in Islamic Academy of Education vs. State of Karnataka on the eleven-Judge Bench decision in T.M.A. Pai Foundation vs. State of Karnataka. In all these cases the immediate disputes relate to the fixation of quota in respect of unaided professional institutions and to the holding of examinations for admission into such colleges. We are of the view, that the issues raised should be referred to a larger Bench for final determination having regard to the nature of the controversy involved in these cases.
(3.) THE question then arises as to the interim measures to be taken by these colleges for the academic year 2004-05. It is stated by the State of Karnataka that pursuant to the decision of this Court in Islamic Academy the State Govt. had fixed the quota for unaided or private minority professional institutions at 50:50 and in respect of other private unaided professional institutions at 75:25 i.e. 75% of the seats in these colleges would be filled in by the State Govt. and 25% by the management. The State Govt. has justified the fixation of such quota relying upon paragraphs 12 and 19 of the decision in Islamic Academy. It is submitted that as far as the unaided minority institutions are concerned, they had not complained against the fixation of the quota either to the State or to the Committee which has been set up in terms of the decision in Islamic Academy. The non-minority association's complaint to the Committee regarding the percentage as determined by the State Govt. has been rejected by the Committee. A writ petition was filed by the association of the non-minority unaided professional institutions before the High Court which is still pending. The matter was mentioned before the High Court at the instance of the State Govt. that it would seek clarification of the issues from this Court. It is pursuant thereto that the State Govt. has filed IA No. 33 to seek directions.;