Thursday, August 6, 2020

P.A. Inamdar & Ors vs State Of Maharashtra & Ors

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Case Name – P.A. Inamdar & Ors vs State Of Maharashtra & Ors

 

Citation: Appeal (civil) 5041 of 2005

Bench:

  1. CJI R.C. Kumar,
  2. G.P. Mathur,
  3. Tarun Chatterjee,
  4. P.K. Balasubramanyan

Introduction:    this case discusses the merits and the futher considerations taken by the constitutional bench of supreme court in the matter of T.M.A.Pai Foundation v. State of Karnataka (2002)

Facts of the case:

  1. M.A.Pai Foundation v. State of Karnataka (2002) was a landmark 11 judge bench decision given by supreme court in regards to setting up of educational institution along with few other matter in regards to right to education as the fundamental right.
  2. One of the leading academician found flaws in the pai foundation case, and soon the supreme court was flooded with writ petetions. The decisions had to be broadly discussed and dissected.
  3. The cases that were considered during the decision of T.M.A.Pai Foundation v. State of Karnataka (2002) were yet to be reconsidered:

 

  1. Unni Krishnan v. State of Andhra Pradesh (1993)
  2. Stephen’s College v. University of Delhi (1992)
  3. Xavier’s College Society v. State of Gujarat (1974)
  4. Re: Kerala Education Bill, 1957

Issues:

 There were different issues that were needed to be immediately addressed

  1. Is there a fundamental right to set up educational institutions.
  2. Does Unni Krishnan require reconsideration?
  3. In case of private institutions, can there be government regulations and, if so, to what extent?

 

 Judgement:

All the petitions were allowed and sent before the regular benches for hearing.

Art 30(1) was discussed in various facets elaborating the issues above mentioned.

A general outline clearer than the former with directions to central government was made and sent to the regular benches.

 

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