I.A.ANSARI, CHAKRADHARI SHARAN SINGH
Mirza Ghalib T. T. College, Patna through its Secretary Md. Aquil Haider – Appellant
Versus
State of Bihar through the Chief Secretary, Govt. of Bihar, Patna – Respondent
Chakradhari Sharan Singh, J.
There is a common challenge, in the present batch of writ applications, filed under Article 226 of the Constitution of India, to "Regulation and Ordinance for Admission in two-Year Bachelor of Education (Secondary) Programme under Universities of Bihar" (hereinafter referred to as the "Ordinance/Regulation"), published under the orders of the Chancellor, Universities of Bihar, in exercise of powers under Section 38 (4) and 39(2) (ii) of the Bihar State Universities Act, 1976, and similar provisions under Patna University Act, 1976, to the extent it lays down the procedure for admission to unaided privately managed professional minority and non-minority institutions and the fee structure, on the basis of which the students are to be charged their tuition and other incidental fees by such institutions.
2. We will be dealing with the rival stands, which have been taken in the present proceedings, in detail, at a later stage, but we can safely indicate, at the outset, that the challenge is fundamentally on the ground of violation of Ar
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