Bishop of Roman Catholic Diocese of Port Louis & Ors v. Tengur & Ors, Court of Appeal - Privy Council, February 03, 2004, [2004] UKPC 9

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Bishop of Roman Catholic Diocese of Port Louis & Ors v. Tengur & Ors, Court of Appeal - Privy Council, February 03, 2004, [2004] UKPC 9

[2004]UKPC 9

Bishop of Roman Catholic Diocese of Port Louis & Ors v. Tengur & Ors (Mauritius) [2004] UKPC 9 (3 February 2004)

Privy Council Appeal No. 21 of 2003

Bishop of Roman Catholic Diocese of Port Louis and Others Appellants

v.

Suttyhudeo Tengur and Others Respondents

FROM

THE SUPREME COURT OF MAURITIUS

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REASONS FOR DECISION OF THE LORDS OF THE

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL OF THE

17th December 2003, Delivered the 3rd February 2004

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Present at the hearing:-

Lord Bingham of Cornhill

Lord Slynn of Hadley

Lord Lloyd of Berwick

Lord Steyn

Lord Hope of Craighead

[Delivered by Lord Bingham of Cornhill]

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At the conclusion of the hearing on 17 December 2003 their Lordships decided to dismiss the appeal and said that they would give their reasons later. This they now do.

This appeal concerns a group of some 12 secondary schools in Mauritius which have together been called ``the Catholic colleges''. These are and always have been owned and administered by the appellants, between whom it is for present purposes unnecessary to differentiate. In allocating places in the first (or entry) year of the Catholic colleges the appellants have in recent years, by agreement with the Government of Mauritius, made 50 per cent of places available to the Government, which has allocated them to pupils according to merit as assessed in the examination for the Certificate of Primary Education (taken at the end of the primary phase of education). In allocating these places in the Catholic colleges, and in allocating all places in state schools owned and administered by itself, the G...

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