T.M.A.Pai Foundation & Ors vs State Of Karnataka & Ors on 31 October, 2002
7. Sri.R.T.Pradeep, learned counsel appearing for the
appellants especially the NSS Colleges Central Committee argued
that Private Aided Educational Institutions will not come under
the purview of S.34 of the 2016 Act. It is also contended that
S.2(k) of the 1995 Act and 2016 Act cannot be extended by the
Government by an executive order especially when 1995 Act had
WA No.1237/2020 & conn.cases
-:15:-
been repealed. It is the further argument that non minority
educational agencies are protected under Art.19(g) of the
constitution of India. As per the law laid down in T.M.A. Pai
Foundation v. State of Karnataka (AIR 2003 SC 351), such
institutions can be regulated by the Government only with
reference to the terms and conditions of employment of the
teaching staff and non teaching staff and therefore the
Government is precluded from bringing reservation to the
appointment of teaching and non teaching staff. It is argued that
though Clause 5 was inserted in Art.15 of the Constitution of India
to implement reservation in private educational institutions,
Clauses 4 and 5 in Art.15 operates in different fields. Clause 4
permits reservation in the matter of admission in private
educational institutions other than aided or unaided. It is argued
that Art.15(4) is in pari materia with Art.16(4) and unless there is
an enabling provision under Art.16 to implement reservation in
appointment of teaching and non teaching staff in private
educational institutions in pari materia with Art.15(5),
Government cannot bring in reservation for teaching and non
teaching staff in private educational institutions.
WA No.1237/2020 & conn.cases