A seven-judge bench of the Supreme Court will hear Feb 1 all issues relating to fixing of quotas by state governments for admission to private professional institutions and holding of a common entrance test for such institutions.
A bench comprising Chief Justice R.C. Lahoti and judge G.P. Mathur referred to a seven-judge bench a batch of over 100 petitions and applications after hearing senior counsel Fali S. Nariman, Harish Salve and Arun Jaitley.
The reference was made after several minority unaided private institutions of Karnataka, Maharashtra, Madhya Pradesh and Andhra Pradesh pointed out that a five-judge bench's decision in the Islamic Academy of Education case -- limiting the right to hold entrance test by either the state or an association of colleges -- did not conflict with rights granted by an 11-judge bench in the T.M.A Pai case.
The T.M.A. Pai case had granted the institutions the right to have their own admission procedure.
Nariman said questions raised in the petitions related to interpretation of the five-judge bench's decision in the Islamic Academy case, which clarified the judgment of the 11-judge bench in the T.M.A. Pai case.
With a view to deciding the issue expeditiously, judge Lahoti asked Nariman and others to submit by Jan 31 a list of questions that needed clarification or answer by a seven-judge bench and posted the matter for hearing Feb 1.