L. Nageswara Rao JUDGMENT
L. Nageswara Rao, J.
1. Leave granted.
The instant Appeal arises from a Writ Petition No. 12673 of 2005 filed by Manipal University (formerly known as Manipal Academy of Higher Education and Ors., wherein the High Court disposed of the Writ Petition giving effect to the directions of this Court in PA Inamdar v. State of Maharashtra MANU/SC/0482/2005 : (2005) 6 SCC 537, until suitable law or Regulation is made by the University Grants Commission (UGC) or Central Government. Aggrieved, Manipal University has preferred this Appeal.
2. Two medical colleges were established by Manipal Academic Higher Education in 1953 and 1955 at Manipal and Mangalore. In the year 1978, the UGC recommended to the first Respondent to grant status of Deemed University to Manipal Educational Complex consisting of medical & engineering colleges which was rejected on the ground of paucity of funds. The UGC enquired whether the Appellant would be able to raise the resources if permission was granted for admission of foreign and Indian students in the ratio of 60:40 and sought an undertaking to that effect. The Appellant informed the UGC that it would not seek any aid if it was permitted to make admissions in the ratio of 60:40. The first Respondent granted permission to the Appellant on 12.08.1991 to admit 350 foreign students out of total intake of 550 students for that year.
3. The first Respondent declared the Appellant as a Deemed University on 01.06.1993. Two medical colleges, two dental colleges and one nursing college at Manipal and Mangalore were part of the Appellant University. The General Body of the second Respondent considered the continuance of recognition of MBBS degree granted by the Appellant on 27.08.2002. The Appellant was asked to show cause why action should not be initiated for making admissions to the NRI quota in excess of 15 per cent of the intake in violation of the directions of this Court. After consideration of the explanation of the Appellant, the Second Respondent by its letter on 27.09.2002 requested the first Respondent to withdraw the recognition of MBBS degree granted by the second Respondent for not following the directions of this Court regarding the admission of NRI/foreign students. The first Respondent did not take any action as recommended by the Second Respondent.
4. Thereafter, the second Respondent by its letter dated 08.02.2005 directed the Appellant not to make admissions in the NRI quota for 37 seats in the year 2005-2006, 37 seats for the year 2006-2007 and 29 seats for the year 2007-2008 in Kasturba Medical College, Manipal. It was stated in the said letter that the said direction was being issued to offset the undue advantage gained by the Appellant by admitting 103 students in MBBS course in excess of the permissible 15 per cent NRI quota. A reference was made to an order passed by this Court on 09.08.2004 in Islamic Academy v. State of Karnataka