2002 INSC 0270
                                    SUPREME COURT OF INDIA

                                           T.M.A.Pai Foundation

                                                      Vs.

                                             State of Karnataka

  (B.N.Kirpal, G.B. Pattanaik, V.N.Khare, S.R.Babu, S.M.Quadri, Ruma Pal, S.N. Variava,
          K.G. Balakrishnan, Ashok Bhan, P.Venkatama Reddi and Arijit Pasayat JJ.)

                                                 03.04.2002

                                                   ORDER

1. After hearing the learned counsel for the parties for some time, we reframe the following
questions which arise for consideration in these cases:

        1. What is the meaning and content of the expression "minorities" in Article 30 of the
        Constitution of India?

        2. (a) Whether the minorities rights to establish and administer educational
        institutions of their choice will include the procedure and method of admission and
        selection of students?

        2. (b) Whether the minority institutions right to lay down procedure and method of
        admission, if any, would be affected in any way by the receipt of State aid?

        3 (a) Where can a minority institution be operationally located?

        Where a religious or linguistic minority in State ,,A establishes an educational
        institution in the said State, can such educational institution grant preferential
        admission/reservations and other benefits to members of the religious/linguistic group
        from other states where they are non-minorities?

        3 (b). Whether it would be correct to say that only the members of that minority
        residing in State ,,A will be treated as the members of the minority vis-à-vis such
        institution?

        4. Whether the member of a linguistic non-minority in one State can establish a
        trust/society in another State and claim minority status in that State?

        5. What are the indicia for treating an educational institution as minority educational
        institution as minority educational institution? Would an institution be regarded as a
        minority educational institution because it was established by a person(s) belonging to

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a religious or linguistic minority or its being administered by a person(s) belonging to
a religious or linguistic minority?

6. Whether the admission of students to minority educational institution, whether
aided or unaided, can be regulated by the State government or by the university to
which the institution is affiliated?

7. Whether the ratio laid down by this court in St. Stephens case (St.Stephens
College v. University of Delhi) is correct? If no, what order?

8. What is meant by the expression "religion" in Article 30(1)? Can the followers of a
sect or denomination of a particular religion claim protection under Article 30(1) on
the basis that they constitute a minority in the State even though the followers of that
religion are in majority in that State?

9. Whether the decision of this Court in Unni Krishnan, J.P. v. State of A.P.(except
where it holds that primary education is a fundamental right) and the scheme framed
thereunder require reconsideration/modification and if yes, what?

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