PONDICHERRY LINGUISTIC AND RELIGIOUS Vs. UNION OF INDIA

JUDGEMENT

(1.) A brief background of the facts and circumstances giving rise to the writ petitions is required to be narrated. As per the decision of the Supreme Court in T. M. A. PAI & FOUNDATION AND OTHERS v. STATE OF KARNATAKA AND OTHERS reported in (2002)8 SCC 481, as interpreted by the Constitution Bench of the Supreme Court in islamic ACADEMY OF EDUCATION AND ANOTHER v. STATE OF KARNATAKA AND OTHERS reported in (2003) 6 SCC 697, Respondent No. 2, issued G. O. Ms. No. 41 dated 29. 3. 2004 prescribing the Regulations known as Pondicherry Unaided professional Colleges and Teachers Training Institutions (Admission of Students and Fixation of Fees) Regulations, 2004, hereinafter referred to as the regulations indicating the extent of management quota and Government quota in self-financing professional colleges in Pondicherry. So far as the seats in medical colleges were concerned, such Regulations prescribed quota of 50% to be filled by the management of the college and remaining 50% based on the counselling by the Centralised Admission Committee (in brief CENTAC ).

(2.) IT is not in dispute that as per the said Regulations, a Committee headed by a Retired Judge of the Madras High Court has been established. The Association of Colleges had sought permission to hold common entrance test for filling up the management quota and the Committee had granted such permission and fixed the time schedule. Apparently the time schedule has been fixed keeping in view the observation of the Supreme Court in MRIDUL DHAR (MINOR) AND ANOTHER v. UNION OF INDIA AND OTHERS reported in (2005)2 SCC 65. As per the order dated 14. 2. 2005 passed by the Committee, the Association was supposed to issue advertisement by 9. 5. 2005 indicating the schedule for holding the entrance test for filling up the management quota in the unaided medical colleges. The Association did not issue such advertisement on or before 9. 5. 2005 and thereafter by order dated 10. 5. 2005, the Permanent Admission committee headed by a retired Judge cancelled the permission granted to the association to hold examination to fill up the management quota. By a subsequent order dated 19. 5. 2005, the Committee refused the request of the petitioner to extend the time schedule. Such orders have been challenged by the pondicherry Linguistic & Religious Minority Medical and Dental College welfare Association (hereinafter referred to as the Association) in W. P. No. 18308 of 2005. Such writ petition, initially admitted by a learned single Judge, was subsequently listed before a Division Bench. The Division Bench of this Court by an order dated 20. 7. 2005 observed: In our opinion, the Committee should not have been in such a haste to cancel the permission granted to the Petitioner to conduct the common Entrance Test for filling up the seats under Management Quota. However, while considering the request of the Senior counsel for the petitioner regarding issuance of direction to permission to the association to held the common entrance test, it was further observed :- 8. . . . In our opinion, that may not be proper for us to do since by its order dated 12-1-2005 the Supreme Court had directed that the common Entrance Test must be held in the month of May, 2005 and the results should be declared before 15th June. Today is 20th July and hence, we cannot issue any direction contrary to the directions of the Supreme Court. IT would, therefore, be proper for the Petitioner to approach the Honble Supreme Court and seek modification/clarification of the time schedule fixed by its order dated 12-1-2005 so that the seats under the Management Quota may not remain vacant. Similarly, considering the submission made by the Government pleader of Pondicherry, the Division Bench further observed :- 9. Learned Government Pleader of Union Territory of pondicherry pleaded that a direction may be issued by this Court for filling up of the seats under Government Quota in the Petitioners colleges. On the other hand, learned Senior Counsel for the petitioner opposed grant of such a direction and submitted that this would lead to practical difficulties in the sense that in one academic year two different sessions will have to be conducted-one for students admitted under Government Quota and another for students admitted under management Quota- and that would be impracticable. We are of the view, the Union Territory of Pondicherry may also approach the Honble Supreme court for suitable clarification/modification of its order dated 12-1-2005.

(3.) THEREAFTER, all the writ petitions were placed before a Division Bench of this Court, which passed the following order on 20. 8. 2005 :- 2. In the light of the order of the Supreme Court in slp (Civil)No. 15167 of 2005 dated 5. 8. 2005, it would be appropriate to direct the Management to admit the students in the Government quota of 50%, since the supreme Court in its order has observed as under: ". . . Therefore, the admissions shall have to be made on the basis of the test conducted by the Government of Pondicherry. In that view, the aspect of two different tests does not arise. . . " Accordingly, the management is directed to admit the students in the Government quota and commence the classes. 3. With reference to the admission of students in the management quota, post this matter before the first Bench on 23. 8. 2005. Subsequently, all the writ petitions have been placed before this Bench as Specially Ordered Matter as per the instruction of the honble the Chief Justice. It is stated at the Bar that in the meantime, the petitioner Association had also filed a separate application for recalling/modifying the order of the Supreme Court dated 5. 8. 2005 and such application has been rejected on 24. 8. 2005.