Since the direction made in Islamic Academy forappointment of the Committees has been vehemently assailed during the course ofhearing before us, we would extract from the judgment in Islamic Academy thefollowing two passages wherein, in the words of Khare, CJ, the purpose and theconstitution of the Committees, the powers conferred on and the functionsenjoined upon them are given: "..we direct that in order to giveeffect to the judgment in T.M.A. Pai case the respective StateGovernments/concerned authority shall set up, in each State, a committee headedby a retired High Court Judge who shall be nominated by the Chief Justice ofthat State. The other member, who shall be nominated by the Judge, should be aChartered Accountant of repute. A representative of the Medical Council of India(in short "MCI") or the All India Council for Technical Education (inshort "AICTE"), depending on the type of institution, shall also be amember. The Secretary of the State Government in charge of Medical Education orTechnical Education, as the case may be, shall be a member and Secretary of theCommittee. The Committee should be free to nominate/co-opt another independentperson of repute, so that the total number of members of the Committee shall notexceed five. Each educational institute must place before this Committee, wellin advance of the academic year, its proposed fee structure. Along with theproposed fee structure all relevant documents and books of accounts must also beproduced before the Committee for their scrutiny. The Committee shall thendecide whether the fees proposed by that institute are justified and are notprofiteering or charging capitation fee. The Committee will be at liberty toapprove the fee structure or to propose some other fee which can be charged bythe institute. The fee fixed by the Committee shall be binding for a period ofthree years, at the end of which period the institute would be at liberty toapply for revision. Once fees are fixed by the Committee, the institute cannotcharge either directly or indirectly any other amount over and above the amountfixed as fees. If any other amount is charged, under any other head or guisee.g. donations, the same would amount to charging of capitation fee. TheGovernments/appropriate authorities should consider framing appropriateregulations, if not already framed, whereunder if it is found that aninstitution is charging capitation fees or profiteering that institution can beappropriately penalised and also face the prospect of losing itsrecognition/affiliation. (para 7) We now direct that the respective StateGovernments do appoint a permanent Committee which will ensure that the testsconducted by the association of colleges is fair and transparent. For each Statea separate Committee shall be formed. The Committee would be headed by a retiredJudge of the High Court. The Judge is to be nominated by the Chief Justice ofthat State. The other member, to be nominated by the Judge, would be a doctor oran engineer of eminence (depending on whether the institution is medical orengineering/technical). The Secretary of the State in charge of Medical orTechnical Education, as the case may be, shall also be a member and act as theSecretary of the Committee. The Committee will be free to nominate/co-opt anindependent person of repute in the field of education as well as one of theVice-Chancellors of the University in that State so that the total number ofpersons on the Committee do not exceed five. The Committee shall have powers tooversee the tests to be conducted by the association. This would include thepower to call for the proposed question paper(s), to know the names of thepaper-setters and examiners and to check the method adopted to ensure papers arenot leaked. The Committee shall supervise and ensure that the test is conductedin a fair and transparent manner. The Committee shall have the powers to permitan institution, which has been established and which has been permitted to adoptits own admission procedure for the last, at least, 25 years, to adopt its ownadmission procedure and if the Committee feels that the needs of such aninstitute are genuine, to admit, students of their community, in excess of thequota allotted to them by the State Government. Before exempting any instituteor varying in percentage of quota fixed by the State, the State Government mustbe heard before the Committee. It is clarified that different percentage ofquota for students to be admitted by the management in each minority ornon-minority unaided professional college(s) shall be separately fixed on thebasis of their need by the respective State Governments and in case of anydispute as regards fixation of percentage of quota, it will be open to themanagement to approach the Committee. It is also clarified that no institute,which has not been established and which has not followed its own admissionprocedure for the last, at least, 25 years, shall be permitted to apply for orbe granted exemption from admitting students in the manner set out hereinabove.(para 19)"