- (1.)Heard on the question of grant of interim relief. It is not disputed that the petitioner Institution is an unaided minority medical college and the admissions are made on merit based on All India Common Entrance Test conducted by the petitioner. The learned counsel for the petitioner states that the petitioner College does not charge any capitation fee. The College has 60 seats for MBBS course. Presently the seats are being filled up in the following manner: Seats reserved for minority community 45. Seats kept apart voluntarily by the petitioner Institution for the following categories: 1.Open merit 7. 2.SC/ST 3. 3.Economically disadvantaged 4. 4.Central Government nominee 1. Total 60.
(2.)The learned counsel for the parties have made their extensive submissions based on the eleven-Judge Bench decision of this Court in T.M.A. Pai Foundation v. State of Karnataka, 2002 8 SCC 481. Our attention has been invited, in particular, to paras 68, 138, 139, 144, 145, 149 and 161 (Question 4 and answer thereto). Prima facie, we are of the opinion that the allotment of seats in an unaided minority institution cannot be controlled by the Government. It is, therefore, directed that for the current year i.e. 2003-2004 the allotment of seats shall be done in the same manner as has been done hitherto i.e. 45 seats shall be reserved for minority community and 15 seats shall be kept apart for the categories ' open merit, SC/ST, economically disadvantaged and Central Government nominees, as has been done before.
(3.)This is an interim arrangement and shall be subject to final decision in the writ petition.