P A INAMDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) In this batch of petitions, a decision arrived at by the Pravesh Niyantran samiti on 10th June, 2005 of declining to enhance the management quota for admissions at professional institutions established and administered by minorities, from 50% to 100% of the total intake has been called into question. The Samiti was set up by the Government of Maharashtra in pursuance of the decision of the Supreme Court in Islamic Academy of Education vs. State of karnataka, (2003) 6 SCC 697. The three institutions in question in the three petitions before the Court, provide instruction in Architecture, Pharmacy and management Sciences. None of the institutions is in receipt of grant-in-aid from the State Government or the Central Government. There is no dispute before the court about the position that these three institutions have been established and are being administered by a religious minority consisting of persons who practice and profess Islam.

(3.) The judgment of the Supreme Court in T. M. A. Pai Foundation vs. State of Karnataka, (2002) 8 SCC 481 was delivered on 31st October, 2002. The constitution Bench of the Supreme Court delivered judgment in Islamic academy of Education vs. State of Karnataka, (2003) 6 SCC 697 on 14th August, 2003. On 16th February, 2004, the Government of Maharashtra issued a resolution by which the management quota for all minority run educational institutions in the State was fixed at 50%.