Constitution of India, 1950 - Article 30 - Right of minority educational institutions - Decided in T.M.A. Pai case-Subsequent statutes/Regulations led to litigation - Case interpreted in different perspectives - Reference to Constitution Bench of Supreme Court for interpretation of the case - Held: There can be no fixing of a rigid fee structure by Government - Each institute has freedom to fix its own fee structure which should also generate surplus - But the surplus; to be used only for the educational institutions and not for personal gain or any other business or enterprise - Direction to set up a Committee in each State for considering fixation of fee - Minority and nonminority educational institutions do not stand on the same footing - For admission in unaided private professional colleges both minority and nonminority, merit is to be criteria - In case of non-minority institution only a certain percentage of seats can be reserved for admission and the rest is to be filled on the basis of counselling by State Agencies according to local needs - In case of unaided minority professional colleges different percentage can be fixed keeping in mind the need of the particular community apart from the local needs - Private unaided professional colleges are not entitled to admit students by evolving their own method of admission - The management of such institutions are to select students of their quota on the basis of common entrance test either conducted by State or by an Association of all colleges of a particular type in the State - Direction to State Government to appoint a Committee to ensure fair test conducted by the Association of colleges.

Pursuant to judgment in T.M.A. Pai Foundation and Ors. v. State of Karnataka and Ors., [20021 8 SCC 481, Union of India, various State Governments and educational institutions understood the majority judgment therein in different perspectives. Different statutes/regulations were enacted/ framed by different State Governments. These led to litigations in several courts. Interim orders passed therein were challenged in the present petitions, wherein majority decision in T.M.A. Pai case was attempted to be interpreted by various parties as suited to them. Therefore the petitions were referred to Five Judges Bench for clarification of the judgment in T.M.A. Pai case.

Petitioners/applicants contended that the answers given to the questions as set out at the end of the majority judgment lay down the true B ratio of the judgment. The following questions arose for clarification:

1. Whether the educational institutions are entitled to fix their own fee structure;

2. Whether minority and non-minority educational institutions stand on the same footing and have the same rights.

3. Whether private unaided professional colleges are entitled to fill in their seats, to the extent of 100%, and if not to what extent; and

4. Whether private unaided professional colleges are entitled to admit students by evolving their own method of admission. Clarifying the judgment in T.MA. Pai case, the Court.