SUPREME COURT OF INDIA

Before:- P. Venkatarama Reddy and Arijit Pasayat, JJ.

IA No. 3 in Writ Petition (C) No. 357 of 2004. D/d. 1.6.2005.

Christian Medical College, Ludhiana Society and others - Petitioners

Versus

State of Punjab and others - Respondents

For the Petitioners :- Dinesh Dwivedi, Senior Advocate (Rakesh K. Sharma, Advocate).

For the Respondents :- Arun K. Sinha, Bimal Roy Jad, Anil Bhat and B.k. Khurana, Advocates.

Constitution of India, Articles 19(1)(g), 30(1), 15(4) and 29(2) - Universities - Admission - Minority institution - Professional unaided (minority and non-minority) educational institutions - Seats/vacancies in - Appropriation of quota - In view of the fact that the decision of a seven-Judge Bench of this Court is awaited in the similar case, it is directed that 75% of the seats be filled up by the petitioner institution according to its choice subject to the observance of merit from, among the candidates belonging to the minority community and balance 25% seats be filled up by the candidates allotted by the State on the basis of the merit list prepared by it for the year 2005-2006.

[Para 2]

Cases Referred :-

1. Islamic Academy of Education v. State of Karnataka, (2003) 6 SCC 697.

2. Islamic Academy of Education v. State of Karnataka, (2004) 13 SCC 3.

ORDER

P. Venkatarama Reddy, J. - Heard both the learned counsel.

2. Having perused the observance of this Court in para 17 of Islamic Academy of Education v. State of Karnataka, (2003) 6 SCC 697 and the interim order passed by this Court on 9-8-2004, Islamic Academy of Education v. State of Karnataka, (2004) 13 SCC 3 pertaining to the admission of students last year and having regard to the fact that the decision of a seven-Judge Bench of this Court is awaited, we consider it just and proper to pass the following order for the year 2005-2006:

75% of the seats can be filled up by the petitioner institution according to its choice subject to the observance of merit from among the candidates belonging to the minority community. Balance 25% seats shall be filled up by the candidates allotted by the State on the basis of the merit list prepared by it.

3. IA is disposed of accordingly.

.