MAHARASHTRA COSMOPOLITAN EDUCATION SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, by consent returnable forthwith Counsel appearing on behalf of the respondents waive service. By consent of Counsel and at their request taken up for hearing and final disposal.

(2.) In this batch of petitions, the Court has been moved by several institutions established by religious and linguistic minorities who are protected by the provisions of Article 30 of the Constitution. These institutions which conduct professional courses in Dental Science, Unani Medicine, Physiotherapy and Education are aggrieved by the decision of the Pravesh Niyantran Samiti to reduce the management quota from 75% to 50% for the Academic Year 2005-06.

(3.) The facts lie in a narrow compass. The Pravesh Niyantran Samiti has been established by the State Government in pursuance of the directives of the supreme Court in Islamic Academy of Education vs. State of Karnataka. (2003) 6 scc 697. On 8th June, 2004, the State Government issued a resolution prescribing the management quota in minority run institutions at 50%. Appeals were filed by several managements before the Samiti and on 16th August, 2004, the Samiti enhanced the management quota to 75%. The Samiti noted in its order that the State Government had in its reply before the Samiti stated that there was no objection to grant the same quota of 75% as has been granted earlier to other minority institutions. The State Government thereafter issued a Brochure notifying the rules for the Common Entrance Test for 2005-06. Clause 5.7.2. thereof was as follows :