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2017 Supreme(Pat) 1428

CHAKRADHARI SHARAN SINGH
Z. A. Islamia College, Siwan through its Secretary, Dr. Zafar Ahmad Ghani, son of Late M. N. A. Ghani – Appellant
Versus
State of Bihar through the Principal Secretary, Education Department, Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Abhinav Srivastava
For the Respondent: Mr. MADANJEET SINGH- GP20 Mr. Narendra Kumar, AC to GP-20
For the J.P.University :Mr. Anjani Kumar, Sr. Advocate

JUDGMENT :

1. In case of St. Stephen College Vs. University of Delhi reported in 1992(1) SCC 558, the Supreme Court held that minority educational institutions are free to adopt their own selection procedure for admission of students. The Supreme Court, however, laid down that the Colleges, through that process may admit 50% of students of their own community.

2. The said decision of the Supreme Court to the extent it allowed minority Colleges to admit 50% of their own community was doubted in a subsequent decision of Supreme Court and finally in case of T.M.A. Pai Foundation Vs. State of Karnatka reported in (2002) 8 SCC 481 held that it is true that one of the rights to administer an educational institution is to grant admission to the students. The Supreme Court, however, held that as long as an educational institution, whether belonging to the minority or majority community, does not receive aid, it would be its right and discretion to grant admission to such students as it chooses or selects subject to provision regulating grant of such admission. However, in view of the language used in Article 29(2) of the Constitution of India, the Supreme Court in T.M.A. Pai Foundation (supr















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