SHAHAL H MUSALIAR Vs. STATE OF KERALA

JUDGEMENT

(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: