EXTENTION OF RESERVATION IN PRIVATE EDUCATIONAL INSTITUTIONS

Abstract

Robert Rinder once said, “I propose that matchmaking should be approached like a corporate business venture. It can be risky but I have discovered that the potential profits from acquisitions and mergers cannot be underestimated”. Mergers and Acquisitions have become an essential part of the business world today. In order for a business or a company to survive and expand, it is necessary for them to be dynamic and make the necessary changes in their structure and work. Mergers, in simple terms, can be defined as a situation where two independently operating entities form a new entity. An acquisition is a situation where one company takes over and establishes control over another company. The process of a merger or an acquisition is a long one. It involves a lot of changes that takes place in the company as well as interested third parties. One issue that can arise over such a process is the protection of minority shareholders and their rights. Very often, whenever a certain proposal is made in a company, there is a certain minority that opposes it. Mergers and Acquisitions are no exception to this. However, it is important to strike a balance between protecting the company’s and majority’s general interest as well as the interest of the minority. In this paper, the author has discussed five different cases where the minority questioned the proposed scheme of arrangement on various grounds, and how the court has interpreted their rights, keeping in view of the company’s general interests as well as the statutory provisions in place.