6.20.6.3. TMA Pai Foundation and others v/s State of Karnataka, 2002

Following are the essential features of the landmark judgment:

♤ All citizens have the rights to establish and administer educational institutions

♤ The right to administer MEI (Minority Educational Institution) is not absolute

♤ The State can apply regulations to unaided MEIs also to achieve educational excellence

♤ Percentage of non-minority students to be admitted to an aided MEI to be decided by the state or university.

♤ Fees to be charged by unaided MEIs can’t be regulated, but no institution can charge

capitation fee.