Judgement of the day: P.A. Inamdar & Ors vs State of Maharashtra & Ors

Bench:


1. CJI R.C. Kumar,

2. G.P. Mathur,

3. Tarun Chatterjee,

4. P.K. Balasubramanyan


Facts of the case:

1. M.A. Pai Foundation v. State of Karnataka (2002) was a landmark 11 judge bench decision given by the Supreme Court in regards to setting up of an educational institution along with few other matters in regards to the Right to Education as a fundamental right.


2. One of the leading academicians found flaws in the Pai foundation case, and soon the Supreme Court was flooded with writ petitions. The decisions had to be broadly discussed and dissected.


3. The cases that were considered during the decision of T.M.A.Pai Foundation v. State of Karnataka (2002) were yet to be reconsidered:


i. Unni Krishnan v. State of Andhra Pradesh (1993)

ii. Stephen’s College v. University of Delhi (1992)

iii. Xavier’s College Society v. State of Gujarat (1974) 4. Re: Kerala Education Bill, 1957


Issues:


There were different issues that were needed to be immediately addressed -

1. Is there a fundamental right to set up educational institutions?

2. Does Unni Krishnan require reconsideration?

3. In case of private institutions, can there be government regulations and, if so, to what extent?


Judgement:


All the petitions were allowed and sent before the regular benches for hearing.


Article 30(1) was discussed in various facets elaborating the above mentioned issues.


A general outline clearer than the former with directions to the central government was made and sent to the regular benches. As an interim measure, for the academic year 2004-05, for the State of Karnataka, it was prima facie held in this case that the seats should be filled up by the institutions concerned in the ratio of 50:50 purely as a temporary measure and without prejudice to the contentions of the parties for the purpose of the final disposal.


Likewise, interim orders were issued for certain colleges in the State of Maharashtra.

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