SUPREME COURT OF INDIA

Before:- Dr. A.S. Anand and B.N. Kirpal, JJ.

Civil Appeal Nos. 2630-2633 of 1998 with C.A. No. 2634 of 1998 (arising out of S.L.P. (C) Nos. 7010-7013 of 1998 with 7405 of 1998). D/d. 8.5.1998.

Dar-Us-Salam Educational Trust and another - Appellant

Versus

Government of A.P. and others - Respondent

WITH

Deccan College of Medical Sciences - Appellant

Versus

Ahmad Shariff Shaik and others - Respondents

Constitution of India, Article 226 - Education - Admission - Petition seeking suspension of proceedings of University nominating two representatives to serve on Selection Committee for admissions to college in question - High Court granting interim stay - Appeal against - Supreme Court declined to interfere with the High Court orders but clarified that admissions would be made strictly in accordance with ratio laid in (1993) 4 SCC 112.

[Paras 2, 3, 4 and 5]

Cases Referred :-

Shahal H. Musaliar v. State of Kerala, (1993) 4 SCC 112.

JUDGMENT

Leave granted in all the special leave petitions.

2. During the pendency of various writ petitions in the High Court certain interim directions came to be made on 24th March, 1998 with regard to the admissions to be made by the College. Those directions have been put in issue in these appeals.

3. The appellants had sought suspension of the proceedings of the University dated 10th June, 1997 nominating two representatives of the University to serve on the Selection Committee for admissions of the appellant-College. By the impugned order, stay has been granted of operation of clauses 7 and 9 of paragraph 2 of G.O.Ms. No. 470 dated 4th December, 1997 as amended by G.O.Ms. No. 491 of 24th December, 1970.

4. After hearing learned counsel for the parties we are not inclined to interfere with the direction given by the High Court on 24th March, 1998 but clarify that admissions shall be made to the College strictly in accordance with the directions given by this Court in Shahal H. Musaliar v. State of Kerala, (1993) 4 SCC 112. To that extent the stay order granted by the High Court shall stand amended.

5. Learned counsel for the parties do not dispute that the direction of the University in its proceedings dated 10th June, 1997, nominating two representatives to serve on the Selection Committee of the appellant-College for admission of students run contrary to the law as settled by this Court. That direction, contained in the University proceedings dated 10th June, 1997, to the extent it concerns admission of minority students, shall stay during the pendency of the writ petitions in the High Court, in modification of the interim directions of the High Court impugned herein.

6. Mr. R.F. Nariman, learned Senior counsel appearing for the appellants, submits that admissions shall be made in the College, both for minority students and non-minority students strictly in accordance with their merits.

7. With the above clarification and modification of the impugned directions dated 24th March, 1998, the appeals are disposed of. No costs.

Order accordingly.