2002 INSC 0287
                                    SUPREME COURT OF INDIA

                                           T.M.A.Pai Foundation

                                                      Vs.

                                             State of Karnataka

                     (B.N.Kirpal, G.B.Pattanaik, V.N.Khare and S.R.Babu JJ.)

                                                 10.04.2002

                                                   ORDER

1. In modification of our dated 3-4-2002, 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. 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?

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

        3. (b) To what extent can professional education be created as a matter coming under
        minorities rights under Article 30?

        4. 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?

        5. (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?

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

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5. (c) Whether the statutory provisions which regulate the facets of administration like
control over educational agencies, control over governing bodies, conditions of
affiliation including recognition/withdrawal thereof, and appointment of staff,
employees, teachers and principals including their service conditions and regulation
of fees, etc. would interfere with the right of administration of minorities?

6 (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?

6 (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?

7. 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?

8. 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?

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?

10. Whether the non-minorities have the right to establish and administer educational
institution under Article 21 and 29(1) read with Articles 14 and 15(1), in the same
manner and to the same extent as minority institutions?

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