ISLAMIC ACADEMY OF EDUCATION Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The applicants have sought clarification of the judgment dated 14-8-2003 passed in the matter of Islamic Academy of Education and another v State of Karnataka and Others, 2004 (1) Kar. L. J. 1 (SC) : air 2003 SC 3724 : (2003) 6 SCC 697 : 2003 (6) Supreme 303. The clarification which has been sought in this application pertains to the right of the management of private unaided colleges to admit NRI/foreign students upto 15% of the seats reserved for the management quota and to allow them to have a separate system of judging the merit of such students and to have fees fixed as far as the students were concerned.

(2.) The State-respondents have opposed the application on the ground that Committee which was set up pursuant to the decision of this Court in Islamic Academy of Education's case, had not been made party to these proceedings. It is further submitted that any order on this application might involve a modification of the decision of the five-judges Bench and this Court should not therefore entertain the application. The third submission is that since the main application had been disposed of on 18th December, 2003, there was no scope of filing any interim application at this stage. Reliance has also been placed on the decision of this Court in State of Uttar Pradesh v Brahm Datt sharma and Another, AIR 1987 SC 943 : 1987 Lab. I. C. 689 (SC) : (1987) 2 SCC 179.

(3.) Learned Counsel appearing on behalf of the applicants has pointed out that the Committee was not functioning as the retired High Court judge who had been appointed to head the Committee had resigned. It is also pointed out that the applicant was not a party to the decision in islamic Academic Education's case and, therefore, entitled to file an application for clarification of that judgment.