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...extent is it binding?(iii) What is the ratio of T.M.A Pai read with Inamdar and to what extent are they binding...Article 19(1)(g) applies to establishing and administering an educational institution in view of T.M.A Pai judgment because even though not a trade, business or profession such activity is an...SCC 717, Para 9 page 743; Para 77 page 772 and T.M.A Pai, (2002) 8 SCC 481 Para 138, pp. 578-579.8.9...
...T.M.A Pai Foundation v. State of Karnataka (2002) 8 SCC 481 (SCC at pp. 533-35, paras 18-25). According to Article 19(6) of the...public order, morality and health, every religious denomination or any section thereof can establish and maintain educational institutions under Article 26(a) of the Constitution. (See T.M.A Pai (2002...State can impose such conditions as are necessary for the proper maintenance of standards of education and to check maladministration. It is stated in T.M.A Pai (2002...
...the decision of a Constitution Bench of this Court in T.M.A Pai Foundation v. State of Karnataka (2002) 8 SCC 481 and the connected...conformity with the decision of the Constitution Bench of this Court in T.M.A Pai Foundation case (2002) 8 SCC 481 decided on 31-10-2002. As and when any problem arises, the same can be dealt with by...
...T.M.A. Pai Foundation v. State of Karnataka (2002) 8 SCC 481, it was argued that right to administer edu...repelled the challenge on first three counts holding that the judgment in T.M.A. Pai Foundation (2002) 8 SCC 481, as explained in...followed by centralised counselling by the State Government or by an agency authorised by the State Government, are in consonance with the judgment of this Court in T.M.A. Pai Foundation (2002) 8 SCC...
...this Court in T.M.A Pai Foundation v. State of Karnataka (2002) 8 SCC 481 has held that receipt of aid by a minority institution removes....17. In T.M.A Pai (2002) 8 SCC 481 this Court made it clear that a minority institution does not cease to be so, merely on receipt of aid from the State or its agencies. In other words, receipt of ai...to the proper utilisation of the aid by an educational institution can be imposed. The High Court, however, wrongly construed T.M.A Pai (2002) 8 SCC 481 and concluded that acceptance of aid by a...
...T.M.A Pai Foundation v. State of Karnataka (2002) 8 SCC 481 the said scheme formulated by this Court in the case of Unni Krishnan...to set up a reasonable fee structure; right to constitute a governing body, right to appoint staff and right to take disciplinary action. T.M.A Pai Foundation case (2002) 8 SCC 481 for the first time...to the above two prohibitory parameters, this Court in T.M.A Pai Foundation case (2002) 8 SCC 481 held that fees to be charged by the unaided educational institutions cannot be regulated. Therefore...
...Bench of eleven Judges of the Supreme Court in T.M.A Pai Foundation & Ors. v. State of Karnataka & Ors...is not necessary to embark upon the wider discussion of T.M.A Pai Foundation's case (supra). Thus, out of the questions framed and answered by the Constitution Bench, only Questions 10 and 11 may be...presence of a nominee of the Director of Education on the disciplinary authority. The challenge is, thus, based on the judgment in T.M.A Pai Foundation's case (supra), which had held that there was no...
...T.M.A Pai Foundation v. State of Karnataka (2002) 8 SCC 481. A brief history as to how an eleven-Judge Bench of this Court came to decide this case...direct that in order to give effect to the judgment in T.M.A Pai case (2002) 8 SCC 481 the respective State Governments/concerned authority shall set up, in each State, a committee headed by a retired...power to adopt their own method of selecting students.29. This Court in T.M.A Pai Foundation v. State of...
...observing that in the case of Raj Kumar (supra), this Court had not considered the earlier decision in the case of T.M.A. Pai Foundation v...Kumar (supra) on the ground that in the case of Raj Kumar (supra), this Court had not considered the decision in the case of T.M.A. Pai Foundation (supra). It is submitted that the aforesaid is...decision of this Court in the case of T.M.A. Pai Foundation (supra) (paragraphs 13, 42, 43, 47, 50-52, 61 & 64). It is submitted that therefore, the Division Bench of the High Court has seriously...
...this Court in T.M.A Pai Foundation v. State of Karnataka (2002) 8 SCC 481. Since there were some doubts or some questions remained...T.M.A Pai Foundation case (2002) 8 SCC 481.7. In paras 37-45 of the aforesaid decision in T.M.A Pai Foundation case (2002) 8 SCC 481 this Court held that the decision...insofar as it relates to the schemes of admission and fee were not correct. Paras 35-41 of the aforesaid decision in T.M.A Pai Foundation case (2002) 8 SCC 481 read as follows...
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R/O C/O DR. T.M.A PAI POLYTECHNIC
MIT CAMPUS MANIPAL
UDUPI TALUK AND DISTRICT
KARNATAKA 576104
13. SMT. GEETHA...
W/O SHEKAR K
AGED ABOUT 51 YEARS
WORKING AS MECHANIC
DEPARTMENT OF CIVIL ENGINEERING
R/O C/O DR. T.M.A PAI POLYTECHNIC...
AGED ABOUT 35 YEARS
WORKING AS HELPER
DEPARTMENT OF CIVIL ENGINEERING
R/O C/O DR. T.M.A PAI POLYTECHNIC
MIT CAMPUS...
...decision in T.M.A Pai Foundation v. State of Karnataka (2002) 8 SCC 481...individual institutions should be permitted to do so.13. According to the petitioners in SLP (C) No. 11244 of 2004, each institution had, prior to the decision in T.M.A Pai (...examinations and that this arrangement had been permitted by a series of orders passed by this Court in T.M.A Pai (2002) 8 SCC 481. It is...
...admission policy in writ petitions filed in the Delhi High Court inter alia contending that:(1) T.M.A Pai Foundation...identified by its admission policy. Further ACMS and AWES, also claim that in any event the ratio of T.M.A Pai (2002) 8 SCC 481, as further explained by P.A Inamdar...students. Further, ACMS and AWES claim that inasmuch as such a choice is not a “reservation” per se, but only choice of “source” as rightly recognised by T.M.A Pai (2002...
...T.M.A Pai Foundation v. State of Karnataka (2002) 8 SCC 481, and in the subsequent decisions in ...their choice, which was reiterated and emphasised in T.M.A Pai Foundation v. State...admission procedure for the undergraduate course in the same manner in which it had been doing in the past. The said writ petition was heard in 2002, along with T.M.A Pai Foundation case (2002) 8 SCC 481...
...AIR 1958 SC 956, 1959 SCR 995; T.M.A Pai Foundation v. State of Karnataka (2002...suitably by this Court in T.M.A Pai case (2002) 8 SCC 481 and also that the provisions of the DSE Act are not in pari materia, much less, identical to that of Kerala Education Bill, 1957 case...appellants relied upon the dictum of order in T.M.A Pai case (2002) 8 SCC 481, in addition to Ahmedabad St. Xavier's College...
...T.M.A Pai Foundation v. State of Karnataka (2002) 8 SCC 481 and Islamic Academy of Education v. State...accountability in the context of the judgments in T.M.A Pai Foundation case (2002) 8 SCC 481 and Islamic Academy of Education case (2003) 6 SCC 697. The majority view in the present case finds place in paras...that in T.M.A Pai Foundation case (2002) 8 SCC 481 and in Islamic Academy of Education (2003) 6 SCC 697 the principles for fixing fee structure have been illustrated. However, they were not exhaustive...
...of T.M.A Pai (2002) 8 SCC 481 as also the judgment in the case of Islamic...autonomy of the private colleges as examined in T.M.A Pai case (2002) 8 SCC 481. In this view, we permit the petitioner to fill up management...
...Islamic Academy of Education v. State of Karnataka (2003) 6 SCC 697 and T.M.A Pai Foundation v. State of Karna...before us at all. Therefore, no reliance could be placed by the respondents on the decisions either in T.M.A Pai Foundation (2002) 8 SCC 481 or Islamic Academy case (2003) 6 SCC 697...
...T.M.A Pai Foundation v. State of Karnataka (2002) 8 SCC 481). Therefore, even according to T.M.A Pai Foundation (2002) 8 SCC 481, if an educational...), particularly, when in T.M.A Pai Foundation (2002) 8 SCC 481 and in P.A Inamdar v. State of Maharashtra....33. It is true that, as held in T.M.A Pai Foundation (2002) 8 SCC 481 as well as P.A Inamdar (2005) 6 SCC 537, the right to...
...T.M.A Pai Foundation v. State of Karnataka (2002) 8 SCC 481. It was averred that the question could not be adjudicated upon and decided in haste and/or in a time-bound s...light of decision of the Apex Court in the matter of T.M.A Pai Foundation (2002) 8 SCC 481 and after considering the protest notes of the Jain community itself on the matter in issue, as well as the...take a final decision till T.M.A Pai Foundation case (2002) 8 SCC 481 was decided by this Court. The High Court disposed of the writ petition by the impugned order by observing...