UNIVERSITY OF PETROLEUM & ENERGY STUDIES

COLLEGE OF LEGAL STUDIES

B.A., LL.B. (HONS.)
SEMESTER VII
ACADEMIC YEAR: 2015-16

SESSION: JULY-DECEMBER

ABSTRACT
FOR
INTERPRETATION OF STATUTES
(LLBL 511)
SUBMITTED TO: MS. DEBARATI PAL
SUBMITTED BY:NAME:
SAP NO:
ROLL NO

ISHAN DHENGULA
500028514
R450213047

P.A. Inamdar v. State of Maharashtra

Abstract
Ishan Dhengula1
The specific question that: How far is it permissible under the Constitution for the State to control and
regulate admission and fee in minority and non-minority private unaided educational institutions? has
bothered the Supreme Court on a plethora of occasions. The apex court in its wisdom has answered the
above-mentioned question although meticulously but has left it open-ended. The Supreme Court delivered
a unanimous judgement by 7 judges on August 12, 2005 in the case of P.A. Inamdar & Ors. Vs. State of
Maharashtra & Ors. declaring that the State cant impose its reservation policy on minority and nonminority unaided private colleges, including professional colleges. This judgement was an attempt to
bring clarity to two previous judgements by the Supreme Court - one of which is the famous Pai
Foundation case decided by an 11 judge bench and the other is Islamic Academy case decided by a
constitution bench. Both these judgments had multiple opinions which paved the way for ambiguity and
confusion that was put to rest by the P.A. Inamdar case.
The researcher has adopted the doctrinal method and tried to analyse the case laws in a
systematic and logical manner by taking into account the history before the case .The researcher has
made an analytical study on the focus of cultural and educational rights

of the minorities

keeping the view in the mind ,the concept of minority and the rights belong to them in the
sphere of establishment and administration of minority institution of their choice. Till yet no field
work has done by the researcher.
A powerful and activist court, the Supreme Court of India has not confined itself to the enforcement or
scrutiny of government policies in the area of higher education. More often than not, it has made policy.
While outlining the role of the Supreme Court in shaping policy, researcher will discuss the general rights
of private, unaided, non-minority institutions. The principles applicable in these judgments apply with
some additions to private, unaided, minority institutions because they are more autonomous.
Keywords - Unaided, Minority, Educational Institution

1 Student B.A., LL.B. (Hons.), 4th Year, VIIth Sem, Sec A Roll no.:- 47