Vodafone International Holding v UOI
- 2022-02-16
Citation: AIR 2005 SC 3226
Decided on: August 12, 2005
Presiding Judge (s): CJI Lahoti , Justice G.P. Mathur, Justice Tarun Chatterjee, Justice Balasubramanyan, Y.K. Sabharwal , D.M. Dharmadhikari and Justice Arun Kumar
Court : Supreme Court of India
Facts of the case: Inamdar , After the landmark judgment on Pai Foundation case regarding the right of minorities to set up educational institutions, several more questions were filed in Supreme Court on the subject. The constitutional issues in the cases such as Islamic Academy of education, In Re. Kerala Education Bill and such had to discussed and reviewed.
Issue: The Supreme Court once again considered the status of minority educational institutions as per Article 30. Several issues such as the fundamental right to set up institutions , regulations to be imposed on these institutions were considered by the court. The Court was also requested to review previous judgments ( T. M. Pai , Unnikrishnan) on this subject.
Judgment: To better understand and comprehend the question of law, the court adjudged the matter and laid down general outlines to be followed by the Central government. The objective behind the judgment was to bring more clarity to the previous judgments T.M.A. Pai Foundation & Ors. vs. State of Karnataka & Ors and Islamic Academy of Edn. & Anr. vs. State of Karnataka & Ors. The Supreme Court in its judgment dealt with the issues on reservation, admission, fees and regulations imposed by the state. Certain important aspects laid down by the court are :
Apart from the points put forth, the law laid down in the case of Pai foundation was also reiterated by the Court. The bench also stated that the law laid down in the case of Islamic Academy of Education case shall not overshadow or go against the rulings made in the Pai Foundation case. This case like the one before it gives a wider view of the rights under Article 30 of the Constitution.