ALL INDIA MEDICAL AND ENGINEERING COLLEGES ASSOCIATION Vs. PERMANENT COMMITTEE FOR THE CONDUCT OF COMMON ENTRANCE TEST

JUDGEMENT

(1.) THESE two sets of appeals have been directed against the common order dated 13.7.2004 passed by the Hon"ble single Judge in W.P.Nos.16034,16068,16095,16444 to 16447, 16659 to 16662 and 17383 of 2004 and the connected miscellaneous petitions. W.A.No.2856 of 2004 has been filed by the Permanent Committee for the conduct of Common Entrance Test and the Government of Tamil Nadu and the other three appeals have been filed by All India Medical and Engineering Colleges Association, Forum of Tamil Nadu Minority Self Financing Engineering Colleges and the Consortium of Professional Arts & Science Colleges in Tamil Nadu respectively.

(2.) THE contesting respondent in the appeal filed by the State Government and the Permanent Committee is the appellant in the connected W.A.No.3053 of 2004, wherein the State and the Permanent Committee are the contesting respondents.

(3.) LEARNED single Judge disposed of the writ petitions with several directions. It is necessary to extract only the relevant directions which have nexus with the present appeals. " 44. In fine and subject to the findings in the order, all the writ petitions are disposed of with the following directions :- (1) ....... (2) ....... (3) The directions in Clause A(1)(b) and (e) are beyond the power conferred on the Permanent Committee and, accordingly, they are set aside. (4) The direction contained in Clause A(1)(d) is in accordance with the power conferred on the Permanent Committee by the judgment in Islamic Academy case. (5) The direction contained in Clause A(1)(n) in directing the Consortium to bear the expenses of the experts is beyond the power of the Permanent Committee and, accordingly, the same is set aside and the State is directed to bear the expenses. (6) ........ (7) The unaided Minority institutions are entitled to fill 70% of the seats from among the candidates of their community and applied to their institution, but strictly on the basis of merit and the unfilled seat/seats shall be surrendered to the State for being filled by following Single Window System of admission. The unaided minority institutions need not follow the rule of reservation while admitting the students under management quota and to the above extent the direction of the Permanent Committee contained in Clause B(b)(c) is set aside. (8) The unaided non-minority institutions are entitled to fill 50% of the seats from among the students applied to each of the institutions, but strictly on the basis of merit and to this extent the direction of the Permanent Committee contained in Clause B(b) is set aside. (9) The unaided non-minority educational institutions shall follow communal rule of reservation while making admissions to the seats earmarked under the management quota and to this extent the direction of the Permanent Committee contained in Clause B(c) is sustained. (10) ..........."