MANIPAL ACADEMY OF HIGHER EDUCATION Vs. STATE

JUDGEMENT

(1.) The constitutional validity of the notification dated 16-9-1993 declaring the petitioner-institution as an 'Educational Institution' under S. 2(c) of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act', 1984 (hereinafter referred to as 'the Act') and the notification dated 16-9-1993, by which the Karnataka Selection of Candidates for Admission to Engineering, Medical, Dental, Pharmacy and Nursing Courses Rules, 1993 (hereinafter referred to as 'the Rules'), as amended, with special reference, to Rule 2(b) of the (Second Amendment) Rules, is challenged in these petitions.

(2.) Two main questions, that arise for consideration in these petitions are :-

(3.) The petitioner is a registered charitable educational trust established, inter alia, to support and promote the advancement of educational activity as also to promote the language, art and culture of the Konkani speaking people. By the notification dated 1-6-1993 issued by the Government of India, Ministry of Human Resources Development, Department of Education, New Delhi, in exercise of the powers conferred by S. 3 of the University Grants Commission Act, 1956' ('the U.G.C. Act'), the Central Government, on the advice of the University Grants Commission, declared the petitioner-Trust consisting of the following educational institutions at Manipal and Mangalore, Dakshina Kannada District of Karnataka State, as 'Deemed University' for the purposes of the U.G.C. Act. The institutions so declared to be Deemed to be a University under the petitioner are :-