On August 12, 2005, the Supreme Court delivered a judgement in the case of PA Inamdar & Ors vs State of Maharashtra & Ors, declaring the State could not impose its reservation policy on minority and non-minority unaided private colleges, including professional colleges. This judgement was an attempt to bring clarity to two previous judgements by the Supreme Court.

One of them was delivered on October 31, 2002 by 11 judges in the case of T M A Pai Foundation & Ors vs State of Karnataka & Ors (Pai Foundation case), with a majority opinion of five judges with a separate but concurring opinion by Chief Justice V N Khare. The other was delivered on August 14, 2003 by a constitution bench that interpreted the Pai Foundation judgement in the case of Islamic Academy of Edn. & Anr. vs. State of Karnataka & Ors (Islamic Academy case), again with a majority opinion of four judges and a separate opinion by one. The Supreme Court declarations:

• No quotas in private institutions: In the August 2005 judgement, the SC held that neither could the policy of reservation be enforced by the State nor any quota or percentage of admissions carved out to be appropriated by the State in a minority or non-minority unaided educational institution. The judges said: ‘‘The State cannot insist on private educational institutions which receive no aid from the State to implement State’s policy on reservation for granting admission on lesser percentage of marks, i.e. on any criterion except merit.’’ The bench also was of the opinion that ‘‘a limited reservation of seats, not exceeding 15 per cent, in our opinion, may be made available to NRIs depending on the discretion of the management’’.

... contd.