STATE OF MAHARASHTRA Vs. MARATHI MISSION

JUDGEMENT

(1.) RULE . By consent Rule is made returnable forthwith. Heard parties.

(2.) AFTER this Court had passed the interim order on 26th August, 1993, St. Stephen's College case has been referred to a larger Bench of the Supreme Court. The Supreme Court thereafter has been passing interlocutory orders which depart from the orders which were earlier made in lines with the decision of the said Stephen's college. In the circumstances we now alter the interim order in lines with the interim orders which are being passed by the Supreme Court. Pending the hearing and final disposal of the petition, there will be an ad-interim order on the following terms. (i)Fifty per cent of the total intake in the petitioners' educational institutions shall be permitted to be filled up by candidates selected by the agencies of the State Government on the basis of their performance in the qualifying examination viz. H.S.C. The candidates so selected and admitted shall pay scales of fee as applicable to this class of students as determined by the State Government from time to time. (ii)The remaining fifty per cent of the intake may be regulated by the petitioners to admit candidates belonging to the particular religious or linguistic minority. However, the selection shall be made strictly on the basis of merit among the candidates seeking admission to the institutions. Such merit shall be determined on the basis of the academic performance on the basis of any objective test that the institution might itself apply to determine such relative and competing merits; or on the basis of performance of the results of the selection tests that the State Government may itself hold for selecting candidates for admission to technical colleges in the State. It is optional for the petitioners to adopt any one of these three modes and apply it uniformally. Candidates so selected on the basis of merit amongst the minorities shall, however, abide by such condition in the matter of payment of tuition and other fee as may be permitted by the State Government.