Sibal now refers to para 50 of the decision in TMA PAI Foundation & Ors vs State Of Karnataka & Ors to enunciate the 4 tests on adminsiter -

50. The right to establish and administer broadly comprises of the following rights:-

(a) to admit students:

(b) to set up a reasonable fee structure:

(c) to constitute a governing body;

(d) to appoint staff (teaching and non-teaching); and

(e) to take action if there is dereliction of duty on the part of any employees.

Sibal - these are the five indicia of administration, that was 11 judges