NEW DELHI: The Supreme Court will give its verdict on Friday on a batch of petitions seeking fresh interpretation of two of its earlier Constitution Bench judgments with regard to fixation of quotas, determination of fee structure and holding of national-level common entrance test for admission to medical, engineering and other professional courses in private unaided minority and non-minority institutions in the country.

A seven-judge Constitution Bench, comprising Chief Justice R. C. Lahoti, Justice Y. K. Sabharwal, Justice D. M. Dharmadhikari, Justice Arun Kumar, Justice G. P. Mathur, Justice Tarun Chatterjee and Justice P. K. Balasubramanyan, had reserved the verdict on March 16.

Spate of litigations

Over 100 petitions and applications were filed in the Supreme Court following a spate of litigations in various High Courts which gave conflicting interpretations to the judgments of the 11-judge Bench in the T.M.A. Pai case as well as to the five-judge Bench judgment in the Islamic Academy case resulting in chaos and confusion in admissions to private unaided minority and non-minority institutions.

One of the petitioners, T.D. Naidu, president of the All India Medical and Engineering Colleges Association, had stated that presently at least four entrance tests were being conducted in each State, including those conducted or monitored by the State-level committees, headed by a retired High Court judge. As a result more than 100 entrance tests were being held if the nation as a whole was taken into consideration.

On behalf of the minorities, unfettered rights was sought under Article 30 of the Constitution to administer educational institutions of their choice and admit students.

It was argued that since the State was not giving any aid to these institutions, there could not be imposition of any quota.

The minorities should be allowed to have their own admission procedure on the basis of a rational and transparent procedure.

The Centre and several States argued that the Government concerned could fix quotas for government and management seats to protect the interests of weaker sections and to prevent commercialisation of education.

Admission through common entrance tests, whether national-level or State-level, was the best method of admission to ensure merit, transparency and uniformity in admission norms.

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