P ARUNKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) WRIT Appeals are filed under Clause 15 of the Letters Patent Act against the Common Order of the learned single Judge dated 13.02.2007 made in WP.Nos. 32522, 18384 and 36500 of 2006 respectively. These writ appeals are directed against the common order passed by the learned single Judge dated 13.02.2007 made in W.P.Nos.32522, 18384 and 36500 of 2006 respectively, by which the writ petitions filed by the Christian Medical College, Vellore in W.P.No.18384 of 2006, stood allowed by setting aside the portion of the order of the Permanent Committee for the Conduct of Common Entrance Examination in Private Colleges, dated 10.06.2006 invalidating allotment of six seats for children of the members of the Staff of the Institution (CMC) and dismissing the other two writ petitions filed by the students in W.P.Nos.32552 and 36500 of 2006.

(2.) THE first respondent Christian Medical College (CMC), Vellore (hereinafter referred to as "Institution"), is a Christian Minority Un-aided Professional Medical College, affiliated to the Tamil Nadu Dr.M.G.R. Medical University. THE said institution is a registered Society, consisting of nearly 53 different Indian Christian Churches and Christian Organisations situated almost all the States in India with the objective of promoting education and consequential health care to students and patients belonging to the length and breadth of India and also several neighbouring countries. This institution has been in existence for the past 100 years, admitting students in Unaided, Non-capitation Fee with minority status based on merit on all India basis by conducting All India Common Entrance Examination, followed by an in-depth interview and the said method is stated to have been in vogue for the past 55 years. 2(a). THE said Institution has started its first Post-Graduate programme in 1950 and as on date there are 11 Post-Graduate Medical Diploma courses; 20 Post-Graduate Medical Degree Courses and 9 Higher Speciality courses approved by the Tamil Nadu Dr. M.G.R. Medical University. That apart, there are M.Sc., courses in 4 Medical Sciences and 21 Departments are recognised for Ph.D., training. 2(b). In respect of M.B.B.S. course conducted by the Institution, the total sanctioned strength of the students is 60. Out of the total strength 84% of the seats, viz., 50 seats are reserved for candidates from Christian minority community; remaining 16% of seats, viz., 10 seats are filled up in the following manner: (i) 7 seats are filled up on all India Open Competition basis; (ii) 2 seats reserved for SC/ST category of students; and (iii) 1 seat for candidate nominated by the Government of India. THE remaining 50 seats are filled up in the following manner: (i) 10 seats are filled up from the Christian candidates from socially and economically backward States; (ii) Out of the remaining 40 seats, 6 seats are filled up from the children of the eligible members and staff of the Institution in lieu of NRI quota and the remaining 34 seats are filled up from among Christian minority candidates on the basis of All India Open Competition. 2(c). THE method of selection is by conducting All India Common Entrance Examination for 40% weightage; Tasks test with 20% weightage and interview by Group Observers with 40% weightage. With regard to Christian minority students, out of the 40% weightage for interview, 10% is for written test on Bible knowledge and the remaining 30% for oral interview. THE written tests are conducted for 300 marks in five subjects, viz., Physics, Chemistry, Biology, General ability, Speed and Accuracy. THE marks obtained by the candidates are subsequently made in the form of Grade under the 'stanine Grading System" and according to the Institution, selection in the said manner is in vogue for the past many years without any complaint whatsoever only based on merit in a transparent manner and without any exploitation. 2(d). It is also the case of the Institution that no capitation fee is collected from the students selected and the tuition fees itself is much less than even the fees fixed by the Government. Since the students belonging to minority are drawn through out India all live together in the campus with practical demonstration and national integration. 2(e). It is the case of the Institution that the students of minority category who are admitted, have to give a commitment to go back after the completion of the Under Graduate education and work for atleast two years in the hospitals run by the Churches. According to the Institution, the process of selection is proved to be a grand success. When the State Government insisted for implementation of the scheme as framed by the Supreme Court in Unni Krishnan's case (1993 (4) SCC 111), the Institution has moved the Supreme Court in 1993 by filing Writ Petition No.482 of 1993 under Article 32 of the Constitution of India, which was admitted and the Supreme Court was pleased to grant interim orders, permitting the Institution to carry on its own admission procedure and similar orders have been passed till 2003. After the judgement of the Supreme Court in Islamic Academy of Education vs. State of Karnataka (2003 (6) SCC 697) in the year 2003, by which the State Government has constituted Two Committees and pending the constitution of such Committees also the Supreme Court has permitted the Institution to follow the previous practice in respect of admission, which has been followed for the past 55 years. 2(f). Likewise, in the year 2004-2005 also when the Committees were yet to be constituted by the State Government, on filing of Writ Petition in W.P.No.7380 of 2004, this Court in WPMP.No.8728 of 2004 has granted an order of interim injunction on 04.03.2004, restraining the respondents therein from interfering with the admission of students to the medical and other courses for the academic year 2004-2005 by the Institution. When a clarification was sought for in the Supreme Court in respect the decision rendered in 2003 (6) SCC 697 (cited supra), in the writ petition filed by Catholic Bishop's Conference of India Society for Medical Education running the institution like St. Johns Medical College, Bangalore, in W.P.No.330 of 2004, the Supreme Court by an order dated 30.07.2004, has clearly recognised the rights of the said institution, including that of CMC, Vellore to follow their own procedure for admission. Ultimately, after that, the institution has also filed an intervening petition in I.A.No.5 of 2005 in W.P.No.330 of 2004. THE Apex Court by order dated 12.08.2005 has held that Minority Un-aided Educational Institutions are protected by Article 30(1) of the Constitution of India and they are free to admit all students of their own community and that the States have no right to enforce the policy of reservation on them. At the same time, the Supreme Court has also held that the States were entitled to constitute Committees for monitoring the admission procedure and determining fee structure respectively to avoid exploitation and to preserve merit and transparency in admission. 2(g). It is the case of the Institution that after the State Government has constituted the Permanent Committee for Common Entrance Test for Private Educational Institutions, it has dismissed the application made by the College on 12.07.2005. THE petitioner has filed I.A.No.6 of 2005 in W.P.No.261 of 2003 in the Supreme Court, praying for an order of stay of the Committee and also for direction to the Institution to continue to admit students as per the practice in vogue for the past 55 years. THE Supreme Court by an order dated 25.07.2005, while staying the portion of the order of the Committee dated 12.07.2005, permitted the Institution to follow the same procedure of admission as it was held in the year 2004-2005. 2(h). After the Supreme Court has disposed of the batch of cases in P.A. Inamdar vs. State of Maharashtra (2004 (8) SCC 139), the above interim orders passed by the Supreme Court in respect of the Institution have been merged. In the meantime, for admission in the year 2006-2007, the members of the governing council of CMC, Vellore, have devised a new mechanism, by effecting changes based on the observations made by the Permanent Committee in the order dated 12.07.2005. THE Committee has taken exception in respect of the filling up of 39 seats based on the sponsorship of candidates from the members of the Churches and Organisations based on interse merit. It was based on the observation of the Committee, the Council governing the Institution has taken a decision that in respect of 34 seats, the selection should be from among the Christian minority candidates on All India Open Competition basis by removing the sponsorship. For the academic year 2006-2007, when the Institution has issued notification for admission of students and at that time when a representation was made to the Committee, the Committee, has permitted the Institution to have its own admission procedure by order dated 10.06.2006, recognising the basis and procedure adopted as being fair and non-exploitative, however, took exception in respect of admission of six candidates from the children of eligible members of the staff of the Institution. It is, as against that portion of the order of the Committee dated 10.06.20096, the College has filed W.P.No.18384 of 2006.

(3.) IT is, as against the said common order of the learned single Judge, the above appeals are filed. The order of the learned single Judge is assailed by the appellants on various grounds, viz.,