CONSORTIUM OF SELF FINANCING PROFESSIONAL ARTS AND SCIENCE COLLEGES IN TAMIL NADU Vs. PERMANENT COMMITTEE FOR THE CONDUCT OF COMMON ENTRANCE TEST

JUDGEMENT

(1.) THE above two writ petitions had come knocking at the doors of this Court invariably involving yet another controversy of annual phenomenon in respect of the procedure for admission in private unaided professional educational institutions, both minority and non-minority.

(2.) AS a prelude, an exposition in brevity of the law as it stands at present needs to be mentioned. The entire gamut of the issue comprised of divergent and intricate factual and legal facets respecting the establishment and administration of private educational institutions in general has been more or less set at rest in all its larger constitutional perspective by the Supreme Court in the judgment handed over by a coram of 11 judges in the case of T. M. A. Pai Foundation and others Vs. State of Karnataka reported in (2002) 8 SCC 481 (for brevity, hereinafter referred to as "pai Foundation case" ). This judgment of the Supreme Court was referred to a Constitution Bench in the case of ISLAMIC ACADEMY OF EDUCATION VS. STATE OF KARNATAKA reported in (2003) 6 SCC 697, (hereinafter called as "islamic Academy case") for the specific purpose of clarification of doubts/anomalies, if any in the judgment of T. M. A. Pai Foundation case, as Pai Foundation case was interpreted in different ways by different institutions to suit their convenience.

(3.) THE Constitution Bench in Islamic Academy case, after completing the task of interpretation, has issued directions in terms of Article 142 of the Constitution of India for appointment of permanent committee by each State to ensure that the test conducted by the Association of Colleges is fair and transparent. By virtue of the said direction, a permanent committee came to be appointed by the State of Tamil Nadu as an adhoc measure until appropriate legislation or law is enacted with power to oversee the tests to be conducted by the association/consortium of Colleges.