In a unanimous judgment on August 12, 2005, the Supreme Court of India declared that government, whether central or state, could not establish quotas for any educational institution that operates on non-public funds. The court further clarified its position that although the private professional colleges are free to set their own admission policy, curricula and fee structure, they cannot indulge in "profiteering." They can, however, set aside 15 percent of their seats for Non Resident Indians at higher costs to be able to subsidize the education of a few poorer students. The court reconfirmed the unfettered right of the un-aided professional institutions to choose their own students using transparent and non-exploitative admission procedures